Woman (25) 'horrified' after CCTV footage showed man had sexually assaulted her on night out
A man who sexually assaulting a 'comatose' woman who had parted company from her friends while out socialising will be sent to jail on Monday after his original suspended sentence was found to be "unduly lenient".
Polish national Marek Krol (54), with an address at Clarence Apartments, St Luke's, Co Cork, had pleaded guilty to sexually assaulting the 25-year-old woman in Cork city centre on February 1, 2016.
He was given a suspended two-year sentence by Judge David Riordan at Cork Circuit Criminal Court on November 2.
The Director of Public Prosecutions successfully sought a review of Krol's sentence on grounds that it was unduly lenient and he was given a seven-and-a-half-month jail term.
The three-judge Court of Appeal stated that any invasive sexual assault on a 'comatose' person required a custodial sentence save in wholly exceptional circumstances.
Mr Justice George Birmingham said the victim had been out socialising with friends but parted company from them.
At around 1.20am, gardaí were contacted by a member of the public. Garda John Twomey arrived to find a female in the arms of a male. She appeared to be passed out. The male was caressing her and kissing her neck. When she woke she indicated she did not know the man.
Gardaí made sure she got home safely, Mr Justice Birmingham said. The following evening, Garda Twomey viewed CCTV footage and found it was more serious. Krol had opened the woman's pants, had his hand inside her clothing and was touching her. The woman said she was horrified.
Krol must present himself to Anglesea Street garda station in Cork on Monday to begin serving his sentence.