Panto performer who sexually assaulted sleeping man at house party has jail time halved

Dan Horan (32), of Slievecorragh, Hollywood, County Wicklow, pleaded guilty in July of last year at Naas Circuit Criminal Court to the sexual assault that occurred in Naas in July 2020.

At the sentencing hearing, the court heard that a number of people went to sleep at the house party and Horan and his victim were among the last still awake before the victim passed out on a bed in the house.

At around 6am, the victim’s girlfriend went looking for him and when she went into a room, she saw her boyfriend asleep with his jeans and underwear pulled down and Horan, who was fully clothed, rubbing the victim’s penis. 

She screamed and Horan jumped up and ran out of the room, the court was told.

In February of last year, Judge Mary O’Malley Costello sentenced Horan to four-and-a-half years’ imprisonment with the final 18 months suspended for two years.  

Horan, who had no previous convictions, had worked as marketing manager and starred in several pantos.

Horan had initially denied carrying out the attack, claiming that he believed the complainant had consented, but admitted his guilt on the day his trial was due to get underway.

The victim, who was 26 years-old when Horan sexually assaulted him, told the court that he was left 'living in a nightmare and lost the joy for life' after the attack and criticised Horan for waiting two years to admit his guilt.

Horan appealed the length of his sentence, with his lawyers submitting that the pre-mitigation headline sentence of six-and-a-half years was too high for the gravity of the single assault, which the trial judge had placed in the upper end of the mid-range of offending.

At the Court of Appeal yesterday (Thursday, February 29), Ms Justice Isobel Kennedy said the court would quash the original sentence and reposition the offence in the middle of the mid-range of offending instead.

Ms Justice Kennedy said the trial judge fell into error when fixing a headline sentence of six-and-a-half years’ imprisonment before she reduced that original sentence to three years in jail.

In re-sentencing Horan, Ms Justice Kennedy said the court would nominate a four-and-a-half year headline sentence before discounting 18 months in mitigation.

The judge said the court would suspend a further 18 months of the three-year sentence to encourage Horan’s continuing rehabilitation.

Ms Justice Kennedy noted Horan was a prisoner with 'enhanced' status.

Ms Justice Kennedy said the complainant had felt 'confusion, hopelessness, fear and embarrassment and continues to do so' because of Horan’s assault.

Despite the reduction, Ms Justice Kennedy said Horan had 'taken advantage' of the 'vulnerable' complainant after he had supplied his victim with cannabis before assaulting him when he slept.

At the appeal hearing yesterday, Maurice Coffey SC, for Horan, said that while it was argued the trial judge had set the headline sentence too high, he was 'not trying to play down the gravity of the offence or effect on the victim in this case'. 

Mr Coffey said there had been no violence, threat of violence or bribery by Horan when he committed the offence.

Mr Coffey said his client had pleaded guilty – 'negating the need for the complainant to give evidence' - had no previous convictions at the time of the offence and none when on bail before his trial was due to commence.

Counsel said the sentence imposed reflected that of a 'greater crime' and that while compensation had been paid to the complainant, this was not an attempt to 'buy your way out of jail'. 

Mr Coffey said Horan had been in custody for 13 months, which had been 'a very difficult situation for him as a gay man with no previous convictions.'

Counsel said his client had since settled well in prison and was now an 'enhanced-status prisoner' acting as a receptionist for visitors coming to the Midlands Prison.

Mr Coffey said his client’s plea 'was late but was still of high value' and that Horan had taken time to come to that decision after attending counselling.

Counsel submitted that his client had apologised to the complainant, his girlfriend and his family for his actions and was remorseful.

Sarah Connolly BL, for the DPP had submitted the sentence imposed on Horan was 'well-within the margin for the sentencing judge for what is a very serious offence.'

Ms Connolly said the complainant 'thought he was among friends' and that a 'grave breach of trust' had been committed by Horan.

Ms Connolly said the trial judge noted when sentencing Horan that the guilty plea was 'very late'. 

Ms Connolly said it was 'not a case of misreading the signals, as the complaint was in no condition to give his consent and his partner had difficulty rousing him from sleep'. 

"It was sexual assault, full stop," said Ms Connolly. 

"He [Horan] only stopped when the complainant’s partner came in. He was caught red-handed," submitted counsel.

At the sentence hearing, the victim said it was impossible to summarise in words the devastating impact the sexual assault had on him.

Horan took the stand to say he had not set out to do anything 'sinister or evil' on the night but took full responsibility for what he did.

Horan said that in the aftermath of the sex attack he wrongly believed what he did was consensual but after going to counselling he realised that this was not the case.

"I wholeheartedly apologise for the pain I caused to you and your family," Horan told the complainant.