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Man who sped through garda checkpoint spared jail a second time
Summary
Jarlath Higgins, 48, of Caraban, Ravensdale, Dundalk, pleaded guilty to dangerous driving and criminal damage after accelerating through a Garda checkpoint near the Táin Bridge on 18 November 2015. He had alcohol on board but was not charged with drink driving. Higgins' Renault Megane violently fishtailed, injuring a Garda and causing €7,500 worth of damage to two patrol cars. Judge Michael O'Shea imposed wholly suspended sentences of two years and five months and a three‑year driving disqualification on 4 May 2017. The Director of Public Prosecutions appealed, but the Court of Appeal, led by Mr Justice John Edwards, dismissed the appeal, citing Higgins' mitigating factors, low re‑offending risk, and lack of prior convictions. The suspended sentence remained, with no custodial time imposed.
Who, what, where, when and why
What: Report matter: Man who sped through garda checkpoint spared jail a second time. 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:
- November 18, 2015 Hearing Or Sentence
- May 4, 2017 Hearing Or Sentence
- 2018-10-05 Publication
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
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: Giving reasons for the court's decision today, Mr Justice John Edwards said the sentencing judge suspended the sentences on account of Higgins' significant mitigating factors including his previous good character and his good employment record. He said Higgins now had a criminal record and the sentence that was imposed still sent out a message to the community that his offending conduct is to be "deplored".
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