Courts / Waterford / Report

Father whose driving left daughter with "horrendous injuries" has ban reduced on appeal

Date
2016-10-24
Stage
Appeal
Primary locality
Waterford
County
Waterford

Summary

Marcin Kazinski, 39, of Cappoquin, Waterford, pleaded guilty to dangerous driving causing serious bodily harm after a crash on 23 December 2011 that left his 12‑year‑old daughter with horrendous injuries, including spastic quadriplegia. He had been heavily intoxicated the day before the accident, and alcohol remained in his bloodstream at the time of the crash, though he had not drunk on the day itself. The original sentence, imposed by Judge Keenan Johnson at Waterford Circuit Criminal Court on 17 April 2013, was 240 hours of community service and a 10‑year driving disqualification. On 24 October 2016 the Court of Appeal, led by Mr Justice George Birmingham, reduced the disqualification to three years, citing the family's difficulties and the need for the father to drive to care for his daughter. The Court noted that the original 10‑year period was longer than statute allowed under the circumstances. The decision was made without altering the community service requirement.

Who, what, where, when and why

What: Report matter: Father whose driving left daughter with "horrendous injuries" has ban reduced on appeal. Charges or matters: dangerous driving causing serious bodily harm at a location in Cappoquin on December 23, 2011. Procedural stage: appeal

When:

Case subjects

Marcin Kazinski

Appellant

Charges: dangerous driving causing serious bodily harm at a location in Cappoquin on December 23, 2011 (Admitted)

Plea: Guilty

Outcome: He was ordered to undertake 240 hours community service and was disqualified from driving for 10 years by Judge Keenan Johnson at Waterford Circuit Criminal Court on April 17, 2013. Kazinski "immediately" pleaded guilty and the sentence hearing was conducted with "great sensitivity by all", Mr Justice Birmingham said.

Places mentioned

Court Venue
  • Court of Appeal
  • Waterford
  • Waterford Circuit Criminal Court
Journey Or Route

Topics

Road Traffic Stage Appeal

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