‘no attempt’ | 

Convicted sex offender failed to give gardaí his address despite notification of updated laws

Damien Lyons (41) failed to go to gardaí with his personal details when the sex offenders legislation was updated, and then called an officer a “baldy c**t” when he was later charged, a court heard.

Andrew Phelan

Today at 07:05

A convicted sex offender who made “no attempt” to notify gardaí of his address when new monitoring laws were introduced last year has been given a three-month suspended sentence.

Damien Lyons (41) failed to go to gardaí with his personal details when the sex offenders legislation was updated, and then called an officer a “baldy c**t” when he was later charged, a court heard.

Although Lyons had been living at the same apartment for the previous 12 years without issues, he had been obliged to register this again at a garda station when the new law came into effect.

Finding him guilty of failing to notify gardaí of his address under the Sex Offenders Act, Judge Paula Murphy said it was an important piece of legislation.

She also found him guilty of public drunkenness in a supermarket car park but acquitted him of threatening, abusive or insulting behaviour.

Lyons, of The Crescent Building, Park West Pointe, Dublin 12, had denied all the charges.

Garda Ross Donegan said he was on duty in Walkinstown on December 9 last year when he came across the accused at the Lidl car park. Lyons was intoxicated and allegedly told the garda: “F**k off, you pig, or I’ll make you f**k off.”

He was arrested and while he was in custody, the garda became aware of the breach of the Sex Offenders Act. When charged with this offence, Lyons said: “F**k off you baldy c**t, I did notify.”

Detective Garda Aisha Fitzsimons said Lyons moved into his address on October 2011, and notified gardaí at that time.

She spoke to him in person at his apartment on November 5 last year, the day before the new act was due to come into effect.

She explained to him that he was required to make a fresh notification of his details at a garda station, and this had been reduced from a seven-day to a three-day requirement.

He had not done so by November 8 and she phoned him that day to give him a chance to comply.

She said he told her he was in the city centre and planned to go to Ballyfermot garda station that afternoon. She advised him if he failed to do this, he would be in breach of the act. There was no record of his attendance.

Lyons said he had been begging outside the supermarket and had “a couple of shots of vodka” when the garda arrested him. He denied being aggressive or abusive. He insisted he did go to Clondalkin garda station on November 8 and said a garda told him to go home and wait for a letter.

Defence solicitor Donal Quigley said his client had lived at the same address since 2011 and none of his details had changed.

Lyons’ 10 previous convictions included one for a sexual offence in 2007. He had never breached the Sex Offenders Act.

Convicting him, the judge said Lyons had been warned about the new legislation.