The State's appeal on grounds of undue leniency against the six-month sentence handed down to sex attacker Anthony Lyons will be heard in November.
The 52-year-old, an aviation broker, was last year jailed for six months by Judge Desmond Hogan for attacking and sexually assaulting a woman in the early hours of the morning of October 3rd, 2010.
Counsel for Lyons, Mr Patrick Gageby SC, yesterday told the appeal court that the case would take longer than the average undue leniency application.
Presiding judge Mr Justice Adrian Hardiman said that due to the movement of another case there was a two-hour time slot available on November 18th.
Both sides indicated this was acceptable.
The court heard that replying submissions on behalf of Lyons should be filed by the middle of September as submissions from the prosecution only have so far been filed.
Lyons, of Griffith Avenue in Dublin, had pleaded not guilty at Dublin Circuit Criminal Court to the sexual assault of the 27-year-old woman.
He 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 last year and the case was given a priority listing by the Court of Criminal Appeal last month.
The court previously heard that the appeal would take two hours as Lyons had put forward an unusual defence with evidence of involuntary intoxication and separate distinct evidence of voluntary intoxication.