ANTHONY LYONS HAS been re-sentenced to six years in jail for sexual assault. Four years have been suspended. He will serve two years for the crime.
Time already served of six months will be taken into account so he will spend another 18 months in prison.
Gardaí were due to take him into custody immediately after this morning’s hearing. After the sentence was handed down by the three-judge court, Lyons was comforted by family members.
The court was told the background to the case before the new sentence was read out.
Anthony Lyons “should be returned to prison immediately” said the judge, before reading out the new sentence.
He will be supervised after his release for 12 months.
The judges said in their judgement that some reduction in sentence “must be made to take account of the fact that Mr Lyons is being sentenced twice”.
The reason for this reduction is to take account of the fact that even in the absence of expert or other evidence, this Court is entitled to draw an inference that Mr. Lyons must have suffered stress and trauma over and above the level which invariably results from involvement in the criminal process due to this appeal by the Director of Public Prosecutions and his being subjected to an additional sentencing hearing
It also said that the fact he has kept the peace “and conducted himself properly” since his original sentence was imposed “is something to which this court may have regard in mitigation.
The judgement concludes:
In a case such as this where the offending is so serious it must normally attract a significant custodial sentence, notwithstanding any mitigating factors. Having regard to the gravity of the offence and the impact on the victim, which has been fully referred to earlier in this judgment, the Court is satisfied that the respondent should be returned to prison, notwithstanding that he has completed and been released for some time from the 6 month sentence which he received in the Circuit Court.Taking all the circumstances, which have been identified as relevant in this judgment, the Court is satisfied that the portion of a term of 6 years imprisonment which he should be directed to serve should be 2 years. The Court will, therefore, impose a sentence of 6 years, suspending the last 4 years.He is entitled to allowance for the sentence which he has already served. He must enter into a bond to keep the peace and be of good behaviour while in prison and for a period of 3 years following on his release.He should be supervised for a period of 12 months post-release. In addition, he will remain on the sex offenders register for a period of 10 years from the date of conviction.
The case
Lyons attacked and sexually assaulted a 27-year-old woman in the early hours of 3 October 2010.
He was initially handed a sentence of six years, with 5.5 years suspended.
The Director of Public Prosecution had argued that the sentence was unduly lenient.
The DPP said it did not take issue with the sentence but with “the undue weight the judge put on mitigating factors” such as compensation and remorse.
Lyons had also been ordered by the judge to pay the victim €75,000.
Earlier this month, the Court of Criminal Appeal heard that Lyons had agreed in a civil suit to pay almost €200,000 to the woman he assaulted.
The three-judge Court of Criminal Appeal today ruled that a €199,500 payment made by 53-year-old Anthony Lyons to a 27-year-old who he attacked and sexually assaulted was relevant to the appeal.
On 10 July, the court ruled that the details of the civil case taken by the victim should be considered.
The Dublin Rape Crisis Centre can be reached 24 hours a day on 1800 77 88 88
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