BUSINESSMAN Anthony Lyons, who received a six-month custodial sentence for a violent sexual assault, will “never be forgotten” and will “always be notorious”, the Court of Criminal Appeal has heard.
The three-judge court today heard submissions in a rehearing of an appeal against the undue leniency of a sentence of six years, with five-and-a-half years suspended, imposed on Lyons (53) by Judge Desmond Hogan in July 2012.
The respondent, the owner of an aircraft leasing company from Griffith Avenue in Dublin, had pleaded not guilty at Dublin Circuit Criminal Court to attacking and sexually assaulting a then 27-year-old woman in the early hours of the morning of October 3, 2010.
Lyons was ordered by Judge Hogan to pay his victim €75,000 in compensation.
In November last year the appeal court found that the sentence imposed was “unduly lenient” but reserved the reasons for its judgement. However, due to the illness of sitting judge Mr Justice Michael Hanna, the court had to be reconstituted and the appeal reheard.
Counsel for the State, Ms Caroline Biggs SC, yesterday told the appeal court it was the Director of Public Prosecution’s submission that the sentence imposed was on Lyons “unduly lenient” in all the circumstances. She said it was the suspension of five-and-a-half years of a six year sentence that was of concern to the Director.
With regard to any new sentence to be imposed should the court reach a decision on undue leniency, counsel for Lyons, Mr Patrick Gageby SC, submitted there had been a very significant effect on Lyons and his family.
He said that while the consequences of being convicted were not something he could complain of, there had been “unwanted attention” from the media and others.
“My client will never be forgotten; he will always be notorious,” Mr Gageby said.
He said there were also minor details in the submissions such as Mr Lyons being asked to leave his golf club.
Counsel said that an update probation report outlined how Mr Lyons had moved to the UK where he was subject to supervision for life.
Mr Justice Murray said the court would reserve judgement in this “complex and serious matter” and would notify all parties when the judgement is available. He said this would be some time in the next court term, which begins on June 18.