Courts / Monaghan / Report
Law does not require mandatory ban for careless drivers who caused death, appeal told
Summary
The Court of Appeal heard argument on whether the law mandates a driving ban for those convicted of careless driving causing death as a first offence. Colleen McCann, aged 27 with an address at Drumacon, Castleblayney, Co Monaghan, was given a 12-month fully suspended sentence for careless driving that resulted in the death of a 17-year-old in July 2012 at Maghernakill, Castleblayney. McCann was deported from the United States in 2017 to face charges relating to the collision. Her legal team argues that a first conviction for careless driving does not constitute a "qualifying offence" under the Road Traffic Act, meaning any driving disqualification remains discretionary rather than mandatory. The State contends that a consequential ban reflects the legislature's intention and is a matter of public safety. The three-judge court reserved judgment.
Who, what, where, when and why
What: Report matter: Law does not require mandatory ban for careless drivers who caused death, appeal told. Procedural stage: appeal
When:
- July 30, 2012 Adjournment
- 2022-07-26 Publication
Places mentioned
- Court of Appeal
Topics
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