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CCA rules wholly suspended sentence for dangerous driving causing death was unduly lenient
Summary
The Court of Criminal Appeal ruled on Tuesday that a five-year wholly suspended sentence imposed for dangerous driving causing death was unduly lenient. Ronan Cunningham, aged 31, of Enniskeen, Kingscourt, had pleaded guilty at Dublin Circuit Criminal Court in December 2011 to causing the death of Emmanuel Mendes, aged 24, on the N7 Naas dual carriageway on 10 October 2010. Cunningham also pleaded guilty to driving under the influence of alcohol. He had driven seven kilometres in the wrong direction down the dual carriageway after consuming seven or eight pints. His car collided with a vehicle carrying Mr Mendes and his fiancée; Mr Mendes was fatally injured. Presiding Judge Adrian Hardiman stated that the "extraordinary nature" of the driving had not been adequately considered at sentencing. The court directed preparation of a probation report and adjourned the case to 6 November for submissions on an appropriate sentence.
Who, what, where, when and why
What: Report matter: CCA rules wholly suspended sentence for dangerous driving causing death was unduly lenient. Charges or matters: dangerous driving causing the death of Emmanuel Mendes (24) on October 10, 2010, at Rathcoole, on the N7 Naas dual carriageway; driving while under the influence of alcohol on the same date. Procedural stage: sentence
When:
- December 2011 Hearing Or Sentence
- October 10, 2010 Hearing Or Sentence
- November 6 Hearing Or Sentence
- 2013-09-24 Publication
Why: He said the court was accordingly of the opinion that the sentence was an example of undue leniency, but it would require further submissions from both counsel for Cunningham and the DPP in order to impose an appropriate sentence. CNI source report
Case subjects
Defendant
Charges: dangerous driving causing the death of Emmanuel Mendes (24) on October 10, 2010, at Rathcoole, on the N7 Naas dual carriageway; driving while under the influence of alcohol on the same date (Admitted)
Plea: Guilty
Outcome: Judge Martin Nolan sentenced Cunningham to five years in prison, which he suspended in full on condition that he is of good behaviour for that period. He said the court was accordingly of the opinion that the sentence was an example of undue leniency, but it would require further submissions from both counsel for Cunningham and the DPP in order to impose an appropriate sentence.; Counsel for Cunningham, Mr Paul Greene SC, said the assembly of further material such as a probation report was advisable, which would require the case to be put back.
Places mentioned
- Kingscourt
- Dublin
- Dublin Circuit Criminal Court
Topics
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