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Student whose driving seriously injured walker appeals sentence

Summary

A Wexford commerce student, Chloe Bates, 21, appealed the one‑year custodial sentence she received for careless driving that seriously injured Pamela Levingston, a woman walking her dogs on a country road near Millands, Gorey, on 28 May 2018. Levingston was thrown over a ditch, suffered rib fractures and required emergency surgery. Bates was also given a concurrent four‑month sentence for failing to remain at the scene. In her appeal, Bates' barrister, Colman Cody SC, argued that the judge erred by not suspending any part of the sentence and that disproportionate weight had been given to her failure to stay at the scene, while mitigating factors had been overlooked. The Director of Public Prosecutions, Sinead Gleeson BL, countered that the judge's decision was correct and that the custodial sentence was not disproportionate. The Court of Appeal will deliver judgment next week.

Who, what, where, when and why

What: Report matter: Student whose driving seriously injured walker appeals sentence. Procedural stage: appeal

When:

• May 28, 2018 Other
• 2020-07-17 Publication

Why: Counsel explained that Bates had thought she had hit a wall or post, had reversed but not seen anyone or anything, and had then proceeded home. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report