Court of Criminal Appeal finds Anthony Lyons's sex assault sentence was too lenientMonday 18 November 2013 22.42
The Court of Criminal Appeal has ruled that the sentence imposed on a businessman for sexually assaulting a young woman was too lenient.
Anthony Lyons, from Griffith Avenue in Dublin, was sentenced last year to six years for the attack but five-and-a-half years of the sentence were suspended.
The appeal court found that the mitigating factors in the case could not justify this.
Lyons was found guilty by a jury last year of sexually assaulting a young woman.
The court heard that Lyons rugby tackled her to the ground on Griffith Avenue in the early hours of 3 October 2010 before sexually assaulting her.
He originally denied the assault but later claimed he attacked the woman due to a combination of cholesterol medication and alcohol.
Judge Desmond Hogan gave him a six-year sentence but suspended five-and-a-half years.
He also ordered him to pay €75,000 to the victim.
Lawyers for the Director of Public Prosecutions told the appeal court the sentence in no way reflected the gravity of the crime or the impact it had had on the victim.
Senior Counsel Caroline Biggs said the judge had given too much weight to the mitigating factors including the compensation.
The appeal court ruled the sentence was unduly lenient as the mitigating factors could not justify the suspension of all but six months of the sentence.
The court will sit again to hear submissions on the sentence that should now be imposed on Lyons.
He was released from prison in December last year.