Courts / Monaghan / Report

Driving ban not required for careless driving causing death if it's first offence

Date
2022-12-21
Stage
Appeal
Primary locality
Castleblayney
County
Monaghan

Summary

The Court of Appeal has ruled that a mandatory driving ban is not required for those convicted of careless driving causing death where it constitutes a first offence. The court determined that mandatory disqualification applies only when a person has accumulated at least two previous driving convictions within three years prior to the offence in question. The decision followed a civil appeal brought by Colleen McCann, aged 27, of Drumacon, Castleblayney, County Monaghan, who was convicted of careless driving that resulted in the death of a teenager in July 2012 at Maghernakill, Castleblayney. McCann received a 12-month fully suspended sentence at Monaghan Circuit Court in October 2021. Mr Justice Patrick McCarthy said the case would be returned to the Circuit Court for finalisation regarding the matter of any discretionary driving disqualification order.

Who, what, where, when and why

What: Report matter: Driving ban not required for careless driving causing death if it's first offence. Procedural stage: appeal

When:

Places mentioned

Court Venue
  • Court of Appeal
  • Monaghan
  • Monaghan Circuit Court
Journey Or Route

Topics

Road Traffic Stage Appeal

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