Courts / Leitrim / Report

Drunk driver who caused death of young father has sentence reduced by two years on appeal

Date
2014-11-17
Stage
Appeal
Primary locality
Drumshanbo
County
Leitrim

Summary

A man from Drumshanbo, County Leitrim, has had his sentence reduced by two years following an appeal against his conviction for dangerous driving causing death. James McDonagh, aged 54, pleaded guilty to causing the death of Jonathan Gray on St Patrick's Day 2010 on the Hilly Road in Drumshanbo. McDonagh was originally sentenced to seven years imprisonment, with the final eighteen months suspended, at Carrick-on-Shannon Circuit Criminal Court in May 2012. The Court of Appeal has now reduced this to five years with one year suspended. The President of the Court of Appeal found that the trial judge erred in principle by beginning sentencing at the maximum point of the scale. The court noted McDonagh's guilty plea, his engagement in rehabilitation during incarceration, and positive references. However, the judges emphasised the serious nature of the offence, noting McDonagh was heavily intoxicated and had left the scene. His ten-year driving disqualification remains in effect.

Who, what, where, when and why

What: Report matter: Drunk driver who caused death of young father has sentence reduced by two years on appeal. Charges or matters: a single count of dangerous driving causing death on February 24, 2012; the offence, which had to be of some bleak consolation to the deceased's family, although the scale of their tragedy is not in any way to be underestimated or misunderstood. Procedural stage: appeal

When:

Case subjects

James McDonagh

Appellant

Charges: a single count of dangerous driving causing death on February 24, 2012; the offence, which had to be of some bleak consolation to the deceased's family, although the scale of their tragedy is not in any way to be underestimated or misunderstood (Admitted)

Plea: Guilty

Outcome: He was sentenced on May 15 2012 to seven years imprisonment with the final 18 months suspended at Carrick-on-Shannon Circuit Criminal Court. The Court of Appeal set aside the sentence and imposed a sentence of five years with one year suspended.

Places mentioned

Court Venue
Address Area
  • Hilly Road
Secondary Mention

Topics

Road Traffic Stage Appeal

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