Courts / Dublin / Report

Visually impaired driver who killed elderly pedestrian fails to overturn conviction

Summary

A visually impaired postman who was convicted of dangerous driving causing the death of an elderly pedestrian has had his conviction upheld by the Court of Appeal. Postman David Byrne (43) of Sunnyhill, Castlemartin Lodge, Kilcullen, Co Kildare, had pleaded not guilty to dangerous driving causing the death of Patricia Dunne (70) at Collins Avenue East, Killester in Dublin on October 16, 2015. He also pleaded not guilty to dishonestly inducing the National Driving Licence Service (NDLS) to issue him with a driving licence and making a false or misleading statement while taking out insurance. He was found guilty by a jury on all three counts and sentenced to five years imprisonment by Judge Patricia Ryan on May 11, 2018. During the trial, the court heard that Ms Dunne had been walking home pulling a shopping trolley when she was struck by Byrne's car. Byrne has Type 2 Usher Syndrome, a degenerative eye disorder resulting in peripheral vision loss. The Court of Appeal rejected all grounds of appeal, including the claim that Byrne should have been charged with a lesser offence. The court upheld that Byrne ticked a box on his licence application stating that he did not have any condition affecting his peripheral vision, thereby making a gain by deception. The matter was adjourned, with Mr Justice Birmingham presiding, along with Ms Justice Maire Whelan and Ms Justice Isobel Kennedy, to hear an appeal relating to the length of Byrne's sentence in November.

Who, what, where, when and why

What: Report matter: Visually impaired driver who killed elderly pedestrian fails to overturn conviction. Charges or matters: dangerous driving causing the death of Patricia Dunne (70) at Collins Avenue East, Killester in Dublin on October 16, 2015; dishonestly inducing the National Driving Licence Service (NDLS) to issue him with a driving licence and making a false or misleading statement while taking out insurance. Procedural stage: appeal. Findings: Found guilty

When:

• October 16, 2015 Hearing Or Sentence
• May 11, 2018 Hearing Or Sentence
• 2019-10-15 Publication

Case subjects

Places mentioned

Topics

Fraud Road Traffic Stage Appeal

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Read the original CNI report