Courts / Kildare / Report
Kildare man successfully appeals assault sentence on grounds that judge "rejected" evidence of excessive self defence
Summary
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.
Who, what, where, when and why
What: Report matter: Kildare man successfully appeals assault sentence on grounds that judge "rejected" evidence of excessive self defence. Charges or matters: assault causing harm to a man at Strandhouse Road, Newbridge, Co Kildare on October 31 2010. Procedural stage: appeal. Findings: Found guilty
When:
- October 31 2010 Incident
- June 30 2014 Incident
- 2015-06-15 Publication
Case subjects
Appellant
Charges: assault causing harm to a man at Strandhouse Road, Newbridge, Co Kildare on October 31 2010 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty and sentenced to four years imprisonment with the final 18 months suspended by Judge Michael O'Shea on June 30 2014. Mr Justice Birmingham, who sat with President of the Court of Appeal Mr Justice Seán Ryan and Mr Justice John Edwards, set aside Lyons' sentence and imposed a new sentence on him of two-and-a-half years imprisonment with the final 15 months suspended.
Places mentioned
- Naas Crcuit Criminal Court
- Court of Appeal
Topics
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