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Dublin: 9 °C Sunday 26 May, 2013

Dublin Rape Crisis Centre welcomes appeal of Anthony Lyons sentence

It was announced today that the DPP is to appeal the sentence given to Lyons, who was convicted of sexually attacking a woman in Dublin.

File Pic: Anthony Lyons
File Pic: Anthony Lyons
Image: Laura Hutton/Photocall Irealnd

DUBLIN RAPE CRISIS Centre has welcomed the news that the Director of Public Prosecutions is to appeal the sentence given to businessman Anthony Lyons, who was found guilty of sexually attacking a woman.

Lyons, a businessman, had five-and-a-half years of his six-year sentence suspended by Justice Desmond Hogan last month after being found guilty of sexually attacking a woman near Griffith Avenue in Dublin two years ago.

Judge Hogan also ordered Lyons to pay €75,000 in compensation to the victim.

At the time, Dublin Rape Crisis Centre chief executive Ellen O’Malley-Dunlop told TheJournal.ie that the sentence was “unusual”.

The centre was not involved with the case but O’Malley-Dunlop said that though six years is not lenient, getting Lyons to pay compensation and suspending jail time “questions the fairness of the system because a resourced person can avoid a custodial sentence by the provision of a large sum of money”.

Tonight, RTÉ reports that the DPP has decided to appeal the sentence given to Lyons on the grounds of “undue leniency”.

O’Malley Dunlop said:

We’re very pleased that the DPP has decided to appeal this. We hope the victim herself will feel that she is getting justice by the DPP appealing this lenient sentence.

She added that the Dublin Rape Crisis Centre expected to hear that the sentence would be appealed, adding that “one of the things we said at the time was we hoped that the DPP would have this sentence appealed”.

Dublin Rape Crisis Centre runs a 24-hour freephone helpline on 1800 77 88 88.

Read: ‘Unusual sentence’ for sex offender raises doubts about system’s fairness>

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Comments (33 Comments)

  • Great news! Get that bastard in jail for the crimes he committed!

  • Finally, some common sense. Now we only need justice to prevail.

  • Makes me feel physically ill to think the sentence he got the first time around.

  • great news hopefully justice will prevail second time around!

  • Hopefully he gets the full 6years to reflect on his crime! He’s prob squirming in his cell at the thought of a possible increase in jail sentence, 6 yrs for a bit of garlic, 6 months for sexual assault if you have the cash

  • It’s outright judicial farce. Placing a fine on a serious criminal assault??? What on earth was this judge thinking???? This has nothing to do with jurisprudence, this is outright shenaningans.

    The judge himself needs to answer serious questions as to why on earth he thought a financial penalty could alleviate the term of sentence for a serious crime.

    Mind-blowing.

  • Great news but would be interested to hear Justice Desmond Hogan reasoning behind the original sentence.There is something not right about this case.

  • Other sentences handed down by Judge Desmond Hogan :

    Child porn images – €1,000 fine.
    In December 2004 Colum MacCormack, 36, from Artane, Dublin pleaded guilty to having 539 child porn images at his home. Det Gda Martin Hogan told the court the images included those of children engaged in sexual acts. Justice Desmond Hogan fined MacCormack, who had no previous convictions, €1,000 and gave him a two-year suspended sentence.

    Sex abuse of a child – two years
    On July 29, 2011 serial sex abuser Fr Paul McGennis, 81, from Clonliffe Road, Dublin, who abused children for more than 30 years, was sentenced to six years with four suspended by Judge Desmond Hogan. The court heard from one victim, a 42-year-old woman, who was just 11 when he started abusing her every fortnight over four years.She told Judge Hogan how she tried to die by suicide twice because of the abuse.Judge Hogan said said McGennis was in the twilight of his years and had recognised his wrongs, albeit late in the day.
    He said he was suspending the final four years on the condition McGennis followed rules set out by Archbishop Diarmuid Martin, including not celebrating Mass publicly or having contact with minors or victims. Judge Hogan said: ”It may seem odd for a court to intrude into certain religious matters . . . but it appears to me all these conditions are conditions imposed to ringfence the defendant so that the likelihood of him having contact with minors is greatly diminished.”

    Violent Attack – No sentence
    Mark Cummins, 35, of St Teresa’s Gardens, Donore Avenue, Rialto walked free from court in January 2010 after he was convicted of a violent attack on Conor Shaw in April, 2006. Army corporal Mr Shaw, 34, suffered horrendous injuries, leaving him consigned to a desk job and suffering with non-stop headaches. Cummins had pleaded guilty to assault causing serious harm on Easter Sunday, 2006, in Temple Bar and was given a four-year suspended sentence. Since the assault [Mr. Shaw] has led an inactive and painful life. Mr Justice Desmond Hogan said he didn’t wish to impose a custodial sentence because he believed Cummins was “unlikely to reoffend”. Mr Shaw suffered cranial and facial injuries and a depressed fracture of the frontal bone beneath his forehead. He underwent neuro-surgery and was hospitalised for five weeks after the “life-changing experience” which left titanium plates in his head.

    Indecent Assault (7-year-old victim) – 2 years suspended
    Dublin man Brian Casey, 60, from Swords, got a two-year suspended sentence after admitting to indecently assaulting a seven-year-old boy 34 years ago. Judge Desmond Hogan noted the amount of time that has passed since the offence. He also noted that Casey has no other convictions and that a psychological report put him at a low risk of reoffending.

    Possession of Cannabis – 5 years suspended
    Joanne Lyons, 33, pleaded guilty at Dublin Circuit Criminal Court to possession of cannabis for sale or supply. Lyons was interviewed at Blanchardstown Garda Station and said she knew it was illegal but she had loans from the credit union and some
    other loan. Det Garda Kearney said she told gardai she had a bad year and had to repay a €20,000 loan but was sorry she got involved.The detective garda told the court she had no previous convictions. Judge Desmond Hogan said it was a very serious offence which would usually warrant 10 years imprisonment but said he’d impose less as she’d been living a chaotic life at the time and said it was most unlikely that she’d come before the courts again. He handed down a five-year sentence to be suspended for five years.

    Leaking confidential reports – 1 year suspended
    Former detective sergeant Robert McNulty, 50, from Rathfarnham, Co Dublin has pleaded guilty to leaking the contents of a confidential report by the Dean Lyons Inquiry to a reporter. The court heard, in July 2006, McNulty was one of 15 individuals to receive a draft copy of the report into the circumstances surrounding the confession by drug addict Dean Lyons about the violent deaths of two women in Grangegorman in 1997.
    Despite his confession, it subsequently emerged that Dean Lyons did not commit the killings. McNulty reached the end of a harrowing nine-year battle to clear his reputation yesterday when he received only a 12-month suspended sentence and a €5,000 fine for leaking details of a Government draft report to this newspaper. (Herald)

    Fraud – 3 years (1 year suspended)
    A Monk-turned stockbroker has been jailed for two years for fraudulently using clients’ money to trade on the stock market. Former Benedictine monk Stephen Pearson, 43, from North Esk, Glanmire, was a junior partner in W & R Morrogh, a 114-year-old firm, when he
    used nearly 5m of clients funds to play the stock market. Judge Desmond Hogan yesterday sentenced him to three years at the Dublin Circuit Criminal Court, but suspended the final year, saying he had regard for the affect prison would have on him, his wife and his family.

    Drink Driving Causing Death (victims – daughter, 6, and girl, 9) – 6 years (2 suspended)
    A mother of four was yesterday jailed for four years after pleading guilty to dangerous driving causing the death of her daughter and daughter’s friend. Eva Carberry, 6, died when her drink-driving mother lost control of her BMW car and crashed into an embankment outside Edgeworthstown, Longford, on July 26, 2007. Eva’s friend, Michaela Logan, 9, was pronounced dead at the scene. Yesterday, Longford Circuit Court heard harrowing details about the night Eva’s mother, Mary Carberry, 33, got so drunk that she “blacked out” and then got behind the wheel of her BMW and drove from Kildare to Longford. Mr Justice Desmond Hogan sentenced her to six years’ imprisonment with the final two years suspended. He also banned her from driving for life on the main charge of dangerous driving causing the deaths of two children and the serious bodily harm of two more.

    Sources: Irish Independent, Evening Herald, Irish Times, Wexford People, Irish Examiner

  • Yea I too would like the judge to explain his reasoning for the sentence he handed down…there is definately need for clarification in this case

  • So to have your sentence reduced by 5 and a half years will cost you ?75k. mmmm!

    • Pat don’t be so ignorant. I did not say that cash could be used as a means of sentence reduction but where the judge links the stay on a sentence to compensation then such payment is in play if the sentence is altered on appeal. Either you understand my meaning from a legal perspective or you are a few brain cells short of the norm.

    • Aoife Barry 14/08/12 #

      Hi Mick – no need for personal insults when trying to get a point across.
      Thanks
      Aoife

    • Mick, your comment appeared some time after my comment. Its not all about you. His 6 months and find has to be questioned.

    • Mick Collins, the reasons for your hostility are noted and your forthcoming apology accepted. The amount of thumbs up or thumbs down on your comments says it all. Thanks for the advice.

  • Imagine if he sexually abuse some contraband garlic. Now thats a different story, I’d say he’d get atleast 15 years with 7 1/2 years suspended. Hed be out in 5 years with good behaviour.

    I was listening to the radio this morning and a Law lecturer from Trinty ws talking about how insane the judicial rulings are here compared to britain.
    In the UK, there are minimum sentencing guidelines that all judges have to adhere to and if they rule above or below, they would have to give reasons in doing so.
    IE – Rape: Minimum of 10 years.
    Violence the elderly – 5 years
    Murder: 17 years (And in the case of multiple murders, the sentencing would run back to back, not concurrent like here)

    Also, when you murder someone, it is called murder, not manslauhter like it is nearly every time here.

  • msmini 14/08/12 #

    Money talks and bullshit walks.. Good on u DPP

  • Hopefully he will get the sentence he deserves this time,what was the judge thinking of ,just goes to how money still talks very loudly in this country,The judge hold stand down,he is morally corrupt

  • This creep tried to plead that his cholesterol medication caused him to act that way oh really???. What solicitor thought that that plead would have any credence in court he should go down for life and no parole bloody liberal laws protecting the perpetrator again when will we ever learn in this country

  • Good to see the Rape Crises commenting as they usually are very quiet. They did not comment when Vincent Brown commented on his show that Irish men use a term and I quote ” I would love to rape that one” He said this in relation to comments from the Garda about the video during the protests in the west about the gas pipe. I couldn’t believe he said or and nobody said a word including the Rape Crisis Centre. I have never heard a man say this in all my life.

  • A male judge passing sentence on a male rapist….mmmm let me think?

  • Can’t figure out why it took so long! Hopefully Mick Wallace is next!

    • @rodrigo.Mick Wallace hasnt committed a sexual crime.
      The sentences handed down to paedophiles and sexual deviants make me wonder who is being protected.It certainly isnt the victim.Which only confirms my feelings that some people, be they in the Judiciary or the church, are being protected.

  • Not that I don’t agree with him getting a longer sentence, i really do but does this mean that people with money will have it taken off them and go to jail for as long as someone with no money to be taken?

    • It should. An ability to force financial compensation should be added, and should be subject to means, while prison time should be universally applicable. It would cut out a civil case afterwards which is putting the victim through more unpleasantness.

    • Isn’t justice meant to be blind? Surely punishment should be equal for all people. I would have that most people would agree on here because all they seem to do is harp on about equality.