2015-06-15 · Kildare
Kildare man successfully appeals assault sentence on grounds that judge "rejected" evidence of excessive self defence
Stephen Lyons, 23, of Newbridge, appealed a four‑year sentence for assaulting a Filipino national on 31 October 2010. The original judge, Michael O'Shea, had rejected evidence that Lyons acted in excessive self‑defence. The Court of Appeal, led by Justice George Birmingham, found the sentence unduly severe and imposed a new term of two‑and‑a‑half years' imprisonment, with the final 15 months suspended. Lyons had claimed that the victim, after a confrontation, thrust a knife at him and that he fled, only to be pursued and punched, resulting in a scrotal stab. Witnesses testified to kicks to the victim's head. Lyons had no prior convictions, a positive probation report, and had been denied a career in the army because of the conviction. The appeal was granted on the basis that the sentencing judge had not been properly notified of the self‑defence evidence. Stephen Lyons pleaded not guilty.