Courts / Tipperary / Report
"Please don't leave me here to die": drunk, banned driver who seriously injured grandmother fails in appeal
Summary
Maurice Power, 33, of Kilmoyler, Cahir, was found guilty of dangerous driving causing serious bodily harm to Mrs Fiona O'Connell on 12 November 2012. He was driving three times over the legal limit, without insurance, and while disqualified. The incident occurred at about 5 a.m. on the Fethard Road, Co. Tipperary, when Power's vehicle lost control, crossed a boundary wall and carried Mrs O'Connell into an institution's grounds. She suffered severe injuries, including a leg that required amputation after 14 operations, and spent four months in hospital. Power was sentenced by Judge Thomas Teehan on 31 July 2013 to seven years' imprisonment, with the final 12 months suspended, and a 25‑year driving disqualification. He appealed the sentence, arguing the judge had over‑penalised him and ignored mitigating factors. Judge Garrett Sheehan, with Justices George Birmingham and Alan Mahon, dismissed the appeal, stating the sentence was appropriate given the aggravating circumstances and the victim's injuries.
Who, what, where, when and why
What: Report matter: "Please don't leave me here to die": drunk, banned driver who seriously injured grandmother fails in appeal. Charges or matters: dangerous driving causing serious bodily harm to Mrs Fiona O'Connell on the Fethard Road, Co Tipperary on November 12, 2012. Procedural stage: appeal
When:
- November 12, 2012 Hearing Or Sentence
- July 31, 2013 Incident
- 2016-11-01 Publication
Case subjects
Appellant
Charges: dangerous driving causing serious bodily harm to Mrs Fiona O'Connell on the Fethard Road, Co Tipperary on November 12, 2012 (Admitted)
Plea: Guilty
Outcome: Power was sentenced at Clonmel Circuit Criminal Court to seven years imprisonment with the final 12 months suspended by Judge Thomas Teehan on July 31, 2013. Mr Justice Sheehan said the sentence imposed on Power was significant but the Court of Appeal was bound to allow a margin of appreciation to a sentencing judge.
Places mentioned
- Clonmel
- Clonmel Circuit Criminal Court
- Court of Appeal
Topics
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