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Motorist has acquittal on causing death charge overturned

Summary

In a case heard by the Court of Appeal on 28 February 2019, a motorist who had previously been acquitted of dangerous driving causing the death of an oncoming driver had that acquittal overturned. The man, whose identity is not disclosed, was charged five years earlier in Munster with dangerous driving causing death. The appeal centred on the fact that his vehicle crossed 1.7 metres into the opposing lane before colliding with the deceased's car on a straight stretch of the N20. The trial judge had directed the jury to acquit due to insufficient evidence, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act.

Who, what, where, when and why

What: Report matter: Motorist has acquittal on causing death charge overturned. Procedural stage: appeal

When:

• 2019-02-28 Publication

Case subjects

Places mentioned

Topics

Road Traffic Stage Appeal

Read the original CNI report