Courts / Laois / Report

Drunk driver who caused death of four-year-old boy has jail term cut on appeal

Date
2016-10-24

Stage
Appeal

Court
Portlaoise Circuit Criminal Court

Primary locality
Portlaoise

County
Laois

Summary

Finbarr O'Rourke, 41, of Laurel Drive, Portlaoise, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy and severe injury to his mother, Gillian Treacy, in an April 2014 collision on the R419. He was originally sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson on 3 November 2015. On appeal, the Court of Appeal re‑sentenced him to eight years imprisonment, with the final two years suspended, citing his genuine remorse, early guilty plea and cooperation with Gardaí. The suspended portion was intended to encourage rehabilitation. The court also reaffirmed a twenty‑year driving disqualification. The decision was delivered by Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan. The appeal reduced the custodial term by 18 months, leaving O'Rourke to serve six years and one month in custody. The case remains a tragic reminder of the consequences of drunk driving.

Who, what, where, when and why

What: Report matter: Drunk driver who caused death of four-year-old boy has jail term cut on appeal. Charges or matters: dangerous driving causing the death of Ciarán Treacy (4) at Ballymorris, Portarlington on April 17, 2014. Procedural stage: appeal

When:

April 17, 2014 Incident
November 3, 2015 Incident
2016-10-24 Publication

Why: The Court of Appeal was satisfied that there was an error in principle by the Circuit Court judge in placing the headline sentence at nine years primarily because of the absence of prolonged period of dangerous driving or excessive speed. 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: O'Rourke brought a sentence appeal last week and in the Court of Appeal this morning he was re-sentenced to eight years imprisonment with the final two suspended. Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice Garrett Sheehan re-sentenced O'Rourke to eight years imprisonment with the final two suspended.