Killer and rapist will spend longer in jail for claw-hammer attack after DPP successfully appeals sentence

Ian Horgan (40) had his original sentence of eight years and six months increased to 11 years and three months by appeal judges.

Horgan attacked a man and his mother in their home with a claw hammer in March 2022 then filmed the blood-soaked pair before posting it on a social media site with another video from a Cork park captioned “Lovely Day”.

Last year at Cork Circuit Criminal Court Horgan was handed a nine-year prison sentence, with six months suspended, for assaults causing harm.

One victim described the attack as akin to something from "a horror movie" and "a blood bath”.

But the Court of Appeal was told the DPP was challenging the sentence as unduly lenient given the severity of the attack and Horgan's history of violent offences.

It was also queried whether the prospect of consecutive sentences should have been considered by the trial judge such was the severity and violent nature of the attack on the mother and son.

In increasing the sentence to 11 years and three months, the Court of Appeal judges said there was "no merit in suspending any portion of the sentence”.

Appeal judges noted Horgan's previous convictions including rape, manslaughter and robbery.

Horgan was described as having "a long history of extremely violent offending" and has already spent almost 18 of his 40 years in prison.

He was convicted of the manslaughter and rape of Co Cork beautician Rachel Kiely, who was 22.

Horgan had originally been convicted of her murder, but that conviction was quashed on appeal.

He was just 16 when he killed her and was eventually handed a 12-year prison term.

Horgan had attacked Ms Kiely while she was out walking the family dog in a Ballincollig Park in October 2000.

Separately Horgan was jailed for eight years for an armed robbery on a rural Cork post office in September 2005 – with the offence occurring while he was awaiting retrial on the Kiely killing.

He used a slash-hook to terrify the postmaster and his wife before threatening their son with the weapon.

All three were locked in the kitchen of the property before Horgan fled with €1,500 and Lotto cards.

Concerning the claw-hammer attack in March 2022, Mr Justice George Birmingham, president of the Court of Appeal, said the assault causing harm convictions were very serious.

"In terms of a Section 4 [assault causing harm], it is hard to envisage cases that are much worse," he said.

"It is hard to imagine worse circumstances."

Mr Justice John Edwards noted Horgan's long history of violent offending.

Donal O'Sullivan, for the DPP, said it was "the luck of God we are not dealing with a murder case" in respect of the consequences of the claw-hammer attacks.

The DPP asked the court to consider whether the trial judge should have considered consecutive sentences given the severity of the offences involved.

Jim O'Mahony SC, for Horgan, acknowledged it was "a bad case” of assault.

But he said the eight-and-a-half-year sentence imposed was not unduly lenient and the trial judge had gone to great lengths to explain the sentencing decision.

He also noted his client's plea had saved the State enormous time and effort with more than 70 gardaí involved in the investigation.

"The onus is on the appellant to show that there was undue leniency," he said.

At Cork Circuit Criminal Court last year, Judge Helen Boyle said Horgan was guilty of "a particularly cowardly assault" with a number of aggravating features and that had appalling consequences for the victims.

Horgan did not personally know either victim, Mary O'Callaghan, or her son Hassan Baker (30).

However, Horgan's then girlfriend had been in a previous relationship with Mr Baker. After the attack, Horgan sent a video-clip of a blood-soaked and moaning Mr Baker to his girlfriend.

Cork Circuit Criminal Court had heard how, in a series of social media messages later recovered by gardaí, Horgan texted his girlfriend from a Cork city park that his knuckles were sore and that he was "washing the blood off."

"I destroyed him. He won't be acting the hard man ever again," he texted.

Det Supt Michael Comyns said Horgan had travelled from his home in Macroom to Cork city that day by bus.

He had brought a bag with him containing a change of clothing and the claw hammer and was captured by CCTV cameras as he travelled to his victims’ home.

He walked to an area near MacCurtain Villas – where the victims lived – and went to a derelict shed where he changed into clothing including a black hoodie and snood to cover his face.

Horgan, of no fixed address but formerly of The Hermitage, Macroom, Co Cork, had pleaded guilty to assault causing serious harm to Mr Baker at MacCurtain Villas on March 26, 2022.

He had also pleaded guilty to assault causing harm to Mrs O'Callaghan.