A mob ringleader, who threatened to kill a woman after a "vigilante" gang of men forced their way into her home, will spend a further 18 months in prison after a successful appeal by the State.
The three-judge Court of Appeal heard last week that William Lyons made his way along with two others, as part of a larger gang, into the home of a woman whose small children and partner were in the house with her at Caherconlish, Co Limerick, on February 17th, 2021.
At a sentencing hearing at Limerick Circuit Criminal Court in November 2021, prosecution lawyers said that Lyons (49) was "suited and booted" alongside a total of ten "vigilantes" when he arrived at Cois Rioga, Caherconlish, at around 6.20pm in the evening.
The sentencing court was told that Lyons of Mount Singland, Garryowen, Limerick, arrived at the house with others who had their faces covered and were carrying pitchforks and hurleys.
In sentencing Lyons to two-and-a-half years' imprisonment, Judge Tom O'Donnell said the incident “smacked of vigilantism” that was “unacceptable in any civilised society”. Judge O'Donnell sentenced Lyons to three-and-a-half years' imprisonment but suspended the final year.
Judge O’Donnell said what happened was “outrageous and premeditated” and was clearly designed to instil fear and intimidate those in the house. Lyons had pleaded guilty to burglary, making a threat to kill and violent disorder.
However, the State then successfully appealed against what they submitted was the "unduly lenient" two-and-a-half year jail sentence Lyons received.
At the Court of Appeal , Mr Justice Patrick McCarthy said the court had quashed the original sentence and would impose a jail term of four years on Lyons.
Gravity of the offending
Reading the court's judgement today, Mr Justice McCarthy said the sentencing judge erred in fixing five years' imprisonment as a pre-mitigation headline sentence as it "did not reflect the gravity of the offending".
Mr Justice McCarthy said the "totality" of the offending was not reflected by the two-and-a-half years' imprisonment when the accused was the "leader" of the gang who solicited others on the day.
The judge identified a headline sentence of seven years, remarking that "eleven men were involved in total in a premeditated and orchestrated group invasion into a family home".
Mr Justice McCarthy said a child had been injured by smashed glass during the incident, which had adverse effects on the victims.
The judge said Lyons did not come to court benefiting from a good character but that he was entitled to mitigation for his guilty plea to all three charges, his difficult family circumstances and that Lyons' wife was seriously ill.
Mr Justice McCarthy said the court would increase the original sentence by 18 months to four years' imprisonment with no part of that sentence suspended.
At the undue leniency hearing, Monika Leech BL, for the State, said the trial judge erred in identifying five years as a headline sentence as it "failed to reflect the seriousness of the offending" and the "physical and psychological harm done to the victim".
"Forceful mob"
Ms Leech said a "forceful mob" had turned up at the house and damaged lights and windows with the victim's "very small baby" suffering small cuts to its forehead from smashed window glass.
Ms Leech said the incident was aggravated because it occurred at a private dwelling and that the respondent had led the "mob" to the house before telling the victim that he would return to her home and kill her.
Counsel added that the victim could recognise Lyons as he was not wearing any face covering unlike the other members of the group.
The woman's partner was in the house at the time and let off fireworks in an attempt to push back the three of the gang who gained entry. Lyons and two others then retreated back outside but kept banging on the door.
Ms Leech said that the incident lasted four minutes but had a "detrimental" effect on the victim due to its "intensity".
Ms Leech said the woman's partner had been a godparent to one of Lyons' children and that there had been a breakdown in their relationship.
Counsel added that Lyons had one previous conviction for making a threat to kill dating back to 2007.
Michael Bowman SC, for Lyons, had submitted that while there was no doubt it had been a "deeply unpleasant" experience for the victim, there had been no "substantial departure" made by the sentencing judge in fixing five years as a headline sentence.
Counsel added that, due to a dispute, it was the woman's partner who was the actual target of the attack. Mr Bowman said Lyons had five children and a partner in ill health with a prognosis that is "not terribly optimistic" due to her condition "deteriorating markedly".
Mr Bowman said his client had written a letter expressing his remorse for his actions and had pleaded guilty at an early stage.
