Tuesday 17 October 2017

Appeal set over 'undue leniency' in sex attack case

Brian Kavanagh

THE State's appeal of the six-month sentence handed down to sex attacker Anthony Lyons on the grounds of undue leniency will be heard in November.

The 52-year-old, who is a high-profile aviation broker, was last year jailed for six months by Judge Desmond Hogan for attacking and sexually assaulting a woman in the early hours of the morning of October 3, 2010.

Counsel for Lyons, Patrick Gageby, yesterday told the appeal court that the case would take longer than the average undue leniency application.

Presiding judge Mr Justice Adrian Hardiman said that due to the movement of another case there was a two-hour time slot available on November 18.

Both sides indicated this was acceptable.

The court heard that replying submissions on behalf of Lyons should be filed by the middle of September as submissions from the prosecution only have so far been filed.

Lyons, of Griffith Avenue in Dublin, had pleaded not guilty at Dublin Circuit Criminal Court to the sexual assault of the 27-year-old victim.

URGE

He was sentenced to six years with five-and-a-half years suspended and was ordered by Judge Hogan to pay his victim €75,000 in compensation.

Lyons admitted the attack but claimed he was overcome with an "irresistible urge" due to the combination of alcohol, cholesterol medicine and cough syrup.

He was released from prison in December last year and the case was given a priority listing by the Court of Criminal Appeal last month.

The court previously heard the appeal would take two hours as Lyons had put forward an unusual defence, with evidence of involuntary intoxication and separate distinct evidence of voluntary intoxication.

Irish Independent

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