Courts / Louth / Report

Suspended sentence not "unduly lenient" for man who sped through checkpoint

Date
2018-10-01
Stage
Appeal
Primary locality
Dundalk
County
Louth

Summary

Jarlath Higgins, 48, of Caraban, Ravensdale, Dundalk, pleaded guilty to dangerous driving and criminal damage after speeding through a Garda checkpoint near Táin Bridge on 18 November 2015. He accelerated when signalled to stop, causing a collision that severely injured a Garda and damaged two patrol cars worth €7,500. Higgins had alcohol on board but was not charged with drink driving. Judge Michael O'Shea imposed a wholly suspended sentence of two years and five months, plus a three‑year driving disqualification, on 4 May 2017. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient due to the speeding, alcohol, and opportunity to stop earlier. A three‑judge Court of Appeal dismissed the appeal, concluding the sentence was not unduly lenient, and the court will issue reasons on the following Wednesday.

Who, what, where, when and why

What: Report matter: Suspended sentence not "unduly lenient" for man who sped through checkpoint. Charges or matters: dangerous driving at the Táin Bridge and criminal damage to two patrol cars at Faughart Lower in the early hours of November 18, 2015 The Court of Appeal heard that Higgins was driving his Renault Megane north when he encountered a garda checkpoint near the Táin bridge. Procedural stage: appeal

When:

Why: Counsel for the DPP, Kevin Segrave BL, submitted that Higgins' suspended sentence was "unduly lenient" because of the speeding involved, the alcohol and the fact that Higgins had ample opportunity to "cease and desist" long before he damaged the two patrol cars. CNI source report

Case subjects

Jarlath Higgins

Appellant

Charges: dangerous driving at the Táin Bridge and criminal damage to two patrol cars at Faughart Lower in the early hours of November 18, 2015 The Court of Appeal heard that Higgins was driving his Renault Megane north when he encountered a garda checkpoint near the Táin bridge (Admitted)

Plea: Guilty

Outcome: He was given wholly suspended sentences of two years and five months and disqualified from driving for three years by Judge Michael O'Shea on May 4, 2017. Counsel for the DPP, Kevin Segrave BL, submitted that Higgins' suspended sentence was "unduly lenient" because of the speeding involved, the alcohol and the fact that Higgins had ample opportunity to "cease and desist" long before he damaged the two patrol cars.

Places mentioned

Secondary Mention
Residence
Court Venue
  • Court of Appeal

Topics

Road Traffic Stage Appeal

Related court reports

Read the original CNI report

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