Judge laments 'every parent's worst nightmare' in sex assualt case

A 26-year-old man who sexually assaulted a four-year-old boy has been given a five-year sentence by Judge Katherine Delahunt at Dublin Circuit Criminal Court.

Damien Lyons, of Robert Emmet Close, Bridgefoot Street, committed the offence while alone with the child for a time and gardaí became aware of his actions following a tip-off to look at CCTV footage.

Lyons pleaded guilty to sexually assaulting the child on January 14, 2007.

Judge Delahunt said the offence was "undoubtedly every parents worst nightmare" but noted there was no evidence of "grooming" or threats.

She imposed a five-year sentence but suspended the final 18 months on condition that he attend a treatment program for sex offenders and attend a alcohol rehabilitation course.

She directed that he be registered as a sex offender and ordered 10 years of post release supervision.

Detective Garda Conor Traynor told Ms Gerardine Small BL, prosecuting, that Lyons was alone for a time with the child and over the course of 35 minutes he performed oral sex and other inappropriate behaviour on the boy.

Gardaí became aware of the offence following a tip-off to look at CCTV footage in the area.

The child was interviewed and said he was afraid of Lyons because he had put him on his shoulders but did not divulge any information in relation to this offence.

Lyons, who has no previous convictions, was arrested and admitted to gardaí that he had done "sick things" with the child and could not explain why he acted this way. He said "urges" had come over him.

Defence counsel, Mr John Byrne BL, said Lyons had lost most of his social circle due to this offence and presented as a "quiet, amicable man struggling to cope with what has happened".

He said that Lyons had been in a car accident as a child and there was a possibility that there may be some organic brain damage.

He outlined a psychiatric report which found the offence "lacked the planning" typical of a person with paedophiliac tendencies and that Lyons sexual preference was for adult women.

Mr Byrne said the report found Lyons was at a moderate to high risk of re-offending but this would be reduced if he attended for alcohol and drug treatment.