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Drunk driver who knocked down mum-of-two, leaving her with brain injury, has jail term cut on appeal

Date
2016-12-16
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In 2015, Jayne Kearney, aged 27, was sentenced to three years' imprisonment for dangerous driving causing serious bodily harm to Blathnaid Molloy and for driving while intoxicated. The offence occurred on 8 March 2014 when Kearney, driving from Citywest Hotel after a quarrel with her boyfriend, knocked down Molloy, who suffered a brain injury, and failed to remain at the scene. Kearney had previously been convicted of speeding and driving without insurance. On appeal, the Court of Appeal found the judge had erred by not considering a suspended portion of the sentence. Consequently, the final nine months of Kearney's term were suspended, and she was required to enter a good‑behaviour bond. The appeal decision was delivered by Mr Justice Garrett Sheehan, with Mr Justice George Birmingham and Mr Justice John Edwards in attendance. The case highlighted the importance of accountability for intoxicated driving and the duty to remain at the scene of an accident. Jayne Kearney pleaded guilty.

Who, what, where, when and why

What: Report matter: Drunk driver who knocked down mum-of-two, leaving her with brain injury, has jail term cut on appeal. Charges or matters: dangerous driving causing serious bodily harm to Blathnaid Molloy and driving while intoxicated at City West on March 8, 2014; dangerous driving but the most that could be said, according to the evidence, Mr Dwyer told the court, was that she struck the injured party. Procedural stage: appeal

When:

Case subjects

Jayne Kearney

Appellant

Charges: dangerous driving causing serious bodily harm to Blathnaid Molloy and driving while intoxicated at City West on March 8, 2014; dangerous driving but the most that could be said, according to the evidence, Mr Dwyer told the court, was that she struck the injured party (Admitted)

Plea: Guilty

Outcome: She was sentenced to three years imprisonment by Judge Martin Nolan on January 12, 2015. Kearney's barrister, Padraig Dwyer SC, submitted that a suspended sentence or community service would have met the case.

Places mentioned

Residence
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Road Traffic Stage Appeal

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