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Speeding, over-the-limit driver left friend in vegetative state
Summary
A 23-year-old man from Carrick-on-Shannon, County Leitrim, has been sentenced to 40 months imprisonment at Dublin Circuit Criminal Court for dangerous driving causing serious bodily harm. John Dowling pleaded guilty to the offence, which occurred on 19 August 2017 on Drynam Road, Swords. The incident took place after Dowling left a public house where he had been celebrating his 21st birthday. While driving, he was marginally over the drink-driving limit, exceeded the speed limit whilst overtaking another vehicle, and lost control of his car after striking the kerb. The vehicle collided with a tree and wall. His passenger, Mark Kelly, sustained catastrophic injuries and remains in a vegetative state. Judge Martin Nolan noted the case was tragic and that Mr Kelly's family had been devastated. The judge imposed the sentence having considered aggravating factors including alcohol consumption, excessive speed, and lack of vehicle insurance, alongside mitigating factors including Dowling's guilty plea and demonstrated remorse.
Who, what, where, when and why
What: Report matter: Speeding, over-the-limit driver left friend in vegetative state. Charges or matters: dangerous driving causing serious bodily harm to Mr Kelly at Drynam Road, Swords on August 19, 2017. Procedural stage: sentence
When:
- August 19, 2017 Hearing Or Sentence
- 2019-11-15 Publication
Case subjects
Defendant
Charges: dangerous driving causing serious bodily harm to Mr Kelly at Drynam Road, Swords on August 19, 2017 (Admitted)
Plea: Guilty
Outcome: The judge said he had no doubt Dowling was remorseful and was a man of conscience but said it was a "serious misjudgement" and he must impose a custodial sentence. Judge Nolan set a headline sentence of five to six years for the offence and, taking into account the mitigating factors, imposed a sentence of 40 months.
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