The re-hearing of an appeal against the undue leniency of a six-month custodial sentence imposed on businessman Anthony Lyons is to go ahead at the Court of Criminal Appeal next week.
Last November, the three-judge appeal court found the six-month custodial sentence imposed on Lyons (52) for a violent sexual assault was “unduly lenient”.
It reserved the reasons for its judgement and later reserved its decision on what sentence should be imposed in its place.
However, due to the illness of sitting judge Mr Justice Michael Hanna, the court had to be reconstituted and the appeal re-heard.
At a "call over" of cases listed for next week, lawyers for the Director of Public Prosecutions told the Court of Criminal Appeal registrar the case would go ahead as scheduled next Thursday, May 29th.
Lyons, of Griffith Avenue in Dublin, was jailed for six months by Judge Desmond Hogan in July 2012 for attacking and sexually assaulting a woman in the early hours of the morning of October 3rd, 2010.
He had pleaded not guilty at Dublin Circuit Criminal Court to assaulting the 27-year-old victim.
The aviation broker 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 2012.