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Truck driver fined €1,500 for causing death of toddler 'should have been jailed', appeal told

Summary

In a case heard by the Court of Appeal, the Director of Public Prosecutions argued that the €1,500 fine imposed on truck driver Senan O'Flaherty for careless driving that caused the death of a three‑year‑old girl should have been a prison sentence. The DPP contended that the fine sent a message that careless driving could go unpunished. O'Flaherty, who pleaded guilty to careless driving causing death and serious bodily harm, had been fined €750 for each charge and banned from driving for four years. The appeal court was urged to impose at least a suspended prison sentence to deter similar conduct. The court's judgment was scheduled for the following day. The case involved a fatal collision on 15 March 2017, when a Skoda Fabia driven by Estlin Wall lost control and collided with an oncoming vehicle, killing her and seriously injuring her father.

Who, what, where, when and why

What: Report matter: Truck driver fined €1,500 for causing death of toddler 'should have been jailed', appeal told. Charges or matters: careless driving causing death and careless driving causing serious bodily harm. Procedural stage: appeal

When:

• March 15, 2017 Hearing Or Sentence
• 2021-01-25 Publication

Why: Mr Costelloe said the sentencing judge had erred by accepting a statement by O'Flaherty that he only crossed the median line because he saw the bus crossing it and thought there might be a pedestrian or cyclist on the left side of the road. CNI source report

Case subjects

Places mentioned

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Stage Appeal

Read the original CNI report