Court archive
Court reports mentioning Clonmany, Donegal
2015-12-07 · Donegal
A man from Buncrana, Co Donegal, has had his sentence doubled following a Court of Appeal finding that his original jail term was unduly lenient. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to dangerous driving causing the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He was originally sentenced to four years imprisonment with the final two suspended. The Court of Appeal set aside this sentence and re-sentenced Kelly to eight years imprisonment with the final four suspended. Mr Justice George Birmingham described the incident as the worst road traffic accident in the history of the State. The judge noted Kelly's high culpability, the multiple fatalities, and his previous conviction for dangerous driving, whilst acknowledging mitigating factors including his youth, guilty plea, and the extraordinary generosity shown by victims' families. Kelly was also disqualified from driving for ten years.
2015-12-07 · Donegal
The Court of Appeal in Letterkenny is reconsidering the sentence imposed on a Buncrana man convicted of dangerous driving that caused eight deaths on a Donegal road in July 2010. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to the fatal collision between Clonmany and Buncrana. He received four years imprisonment with the final two years suspended, plus a ten-year driving disqualification. The Director of Public Prosecutions successfully challenged the sentence as unduly lenient, citing it as the most serious fatal collision and dangerous driving case in the State's history. The Court of Appeal agreed and commenced re-sentencing proceedings. During proceedings, the court received impact statements from three victims' families. Mr Justice George Birmingham stressed that while victim submissions warrant consideration, they cannot determine sentencing, which remains a matter of public prosecution by the State. The court indicated it would deliver its re-sentencing decision on the same day.
2015-11-16 · Donegal
A man sentenced to two years imprisonment following his guilty plea to dangerous driving that caused eight deaths in County Donegal in 2010 will face resentencing after the Court of Appeal found his original sentence unduly lenient. Shaun Kelly, aged 27 and from Buncrana, received a four-year term with the final two years suspended by a Circuit Court judge in Letterkenny. The Director of Public Prosecutions successfully challenged the sentence, with the Court of Appeal determining that the suspended portion and overall reduction from an appropriate starting point of seven years constituted an error in principle. The collision occurred on a road between Clonmany and Buncrana on 11 July 2010, when Kelly's vehicle, carrying seven passengers and travelling at high speed without seatbelts fastened, struck another car head-on. The court noted Kelly's previous conviction for dangerous driving and described the incident as involving sustained dangerous driving of exceptional gravity. Kelly is scheduled for resentencing on 7 December.
2015-10-22 · Donegal
The Director of Public Prosecutions has appealed a sentence imposed on a man convicted of dangerous driving that resulted in eight deaths near Buncrana, County Donegal. Shaun Kelly, aged 26, of Hill Road, Ballymagan, Buncrana, pleaded guilty at Letterkenny Circuit Criminal Court to causing eight deaths through dangerous driving on a road between Clonmany and Buncrana on 11 July 2010. The trial judge imposed a four-year sentence with the final two years suspended and imposed a ten-year driving disqualification. The DPP argued before the Court of Appeal that the sentence was unduly lenient, contending it failed to reflect the gravity of Kelly's culpability and the severity of the harm caused. The prosecution submitted there was evidence of prolonged deliberate dangerous driving, that multiple fatalities were foreseeable, and that Kelly had a previous dangerous-driving conviction. Kelly's counsel argued the sentencing judge properly considered all aggravating and mitigating factors. The Court of Appeal reserved judgement.
2015-07-13 · Donegal
The Director of Public Prosecutions will argue before the Court of Appeal in October that a sentence imposed on a man convicted of dangerous driving causing eight deaths was unduly lenient. Shaun Kelly, aged 26 and from Hill Road, Ballymagan, Buncrana, County Donegal, pleaded guilty at Letterkenney Circuit Criminal Court to dangerous driving that resulted in the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He received a four-year custodial sentence with the final two years suspended by Judge John O'Hagan in December 2014, and was disqualified from driving for a decade. The DPP has applied for the Court of Appeal to review the sentence on grounds of undue leniency. Mr Justice George Birmingham set 22 October 2015 for the hearing.