Courts / Galway / Report

Drunk driver who killed elderly man and injured two gardai is jailed after DPP appeal

Date
2018-07-31
Stage
Appeal
Primary locality
Galway
County
Galway

Summary

Adrian Nestor, 44, from Keamsella, Kilcolgan, was found guilty of dangerous driving causing the death of 66‑year‑old Liam McDonnell and serious harm to Garda Sharon Casserly and Garda Peter Murtagh. He collided with a garda car near Ardrahan on 1 February 2016 while five times over the alcohol limit, with a blood alcohol level of 272 mg. Sentenced by the Galway Circuit Criminal Court to 240 hours of community service, a €1,000 fine and a four‑year driving ban, the Court of Appeal later ruled the sentence was too lenient. The DPP appealed, arguing the suspended four‑year sentence failed to reflect the seriousness of the offence. The Court of Appeal, after hearing counsel, imposed a four‑year prison term with the final two years suspended, sending Nestor to jail for the first time in this case.

Who, what, where, when and why

What: Report matter: Drunk driver who killed elderly man and injured two gardai is jailed after DPP appeal. 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

Appellant

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: 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. Accordingly, Mr Justice McCarthy, who sat with President of the Court of Appeal Mr Justice George Birmingham and Mr Justice John Hedigan, resentenced Nestor to four years imprisonment with the final two suspended.

Places mentioned

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

Topics

Road Traffic Stage Appeal

Related court reports

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request