Courts / Galway / Report

DPP appeals community service sentence for drunk driver who killed elderly man and injured two gardai

Date
2018-07-23
Stage
Appeal
Primary locality
Galway
County
Galway

Summary

Adrian Nestor, 44, from Keamsella, Kilcolgan, was five times over the legal limit when he collided with a garda car near Ardrahan on 1 February 2016. The crash killed 66‑year‑old Liam McDonnell, who had been reported missing from a nursing home, and seriously injured Garda Sharon Casserly and Garda Peter Murtagh, the latter breaking a leg. Nestor pleaded guilty to dangerous driving causing death and serious harm. The Galway Circuit Criminal Court sentenced him to 240 hours of community service instead of a four‑year prison term, fined €1,000, and banned him from driving for four years. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that a suspended four‑year term would better reflect the seriousness and deterrence required. The Court of Appeal will decide whether to uphold or alter the sentence.

Who, what, where, when and why

What: Report matter: DPP appeals community service sentence for drunk driver who killed elderly man and injured two gardai. Charges or matters: dangerous driving causing the death of Mr McDonnell (66) and serious harm to Garda Sharon Casserly whose injuries were described as life changing. Procedural stage: appeal

When:

Case subjects

Adrian Nestor

Defendant

Charges: dangerous driving causing the death of Mr McDonnell (66) and serious harm to Garda Sharon Casserly whose injuries were described as life changing (Admitted)

Plea: Guilty

Outcome: Credit: Collins) A drunk driver who was given community service for colliding with a stationary garda car – killing an elderly pedestrian and injuring two gardaí – must wait to hear whether his sentence will be deemed too lenient. Sentencing him to 240 hours of community service in lieu of a four-year prison sentence, Judge Rory McCabe said a four year sentence would have been appropriate but the interests of justice would not be served by sending Nestor to prison.

Places mentioned

Secondary Mention
Court Venue
  • Galway
  • Galway Circuit Criminal Court
  • Court of Appeal
  • The Circuit Court

Topics

Road Traffic Stage Appeal

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