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Drunk driver who caused death of 4-year old boy sentenced as "example", appeal lawyers tell court

Date
2016-10-17
Stage
Appeal
Primary locality
Portarlington
County
Laois

Summary

Finbarr O'Rourke, 41, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy in Portarlington on 17 April 2014. He was sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson at Portlaoise Circuit Criminal Court on 3 November 2015. O'Rourke's barrister, Conor Devally SC, appealed today, arguing the tariff was too high and mitigation was insufficient. Devally said the judge was moved by the case and that O'Rourke should be seen as an example rather than an individual. He highlighted O'Rourke's lack of prior convictions, his professional driving background, and his recent efforts to change his relationship with alcohol. The appeal also noted O'Rourke's failure to remain at the scene, his phone call to a companion after the crash, and the impact of these factors on the sentencing decision. The Court of Appeal will decide next week.

Who, what, where, when and why

What: Report matter: Drunk driver who caused death of 4-year old boy sentenced as "example", appeal lawyers tell court. Charges or matters: dangerous driving causing the death of Ciarán Treacy (4) at Ballymorris, Portarlington on April 17, 2014. Procedural stage: appeal

When:

Why: Opening an appeal against sentence today, O'Rourke's barrister, Conor Devally SC, submitted that the tariff was too high and O'Rourke was not given due mitigation "perhaps… because the (sentencing) judge was so moved by this case". CNI source report

Case subjects

Finbarr O'Rourke

Appellant

Charges: dangerous driving causing the death of Ciarán Treacy (4) at Ballymorris, Portarlington on April 17, 2014 (Admitted)

Plea: Guilty

Outcome: Judge Keenan Johnson sentenced O'Rourke to seven-and-a-half years imprisonment at Portlaoise Circuit Criminal Court on November 3, 2015. Mr Devally said O'Rourke "should be sentenced for what he did" but the view was that he had to be "seen as an example rather than an individual".

Places mentioned

Court Venue
  • Court of Appeal
  • Portlaoise
  • Portlaoise Circuit Criminal Court
Residence
Garda Station
  • and conveyed to the Garda station
  • of glass inside the Garda station

Topics

Road Traffic Stage Appeal

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