Courts / Clare / Report
€1.5k fine too lenient a penalty for driver who caused death of girl (3)
Summary
The Court of Appeal has ruled that a €1,500 fine was too lenient for Senan O'Flaherty, a 64-year-old truck driver who pleaded guilty to careless driving causing death and careless driving causing serious bodily harm. The incident, which occurred on the N85 in March 2017, resulted in the death of three-year-old Estlin Wall and serious injuries to her father, Vincent Wall. While the trial judge had fined O'Flaherty €750 per charge and imposed a four-year driving ban, the appellate court found that the lower culpability assessment was erroneous. Ms Justice Isobel Kennedy stated that O'Flaherty's blameworthiness was at the upper end of the scale, noting witnesses observed unusual features in his driving, including crossing the median line to check for overtaking opportunities. The court upheld the €1,500 fine and the four-year driving ban. However, it imposed a 16-month custodial sentence, which was suspended in full on the condition that O'Flaherty be of good behaviour for two years. O'Flaherty entered into the bond for good behaviour and has already paid the fine. The court expressed its sympathies to the Wall family for their loss.
Who, what, where, when and why
What: Report matter: €1.5k fine too lenient a penalty for driver who caused death of girl (3). Charges or matters: careless driving causing death and careless driving causing serious bodily harm. Procedural stage: appeal
When:
- March 15, 2017 Hearing Or Sentence
- 2021-01-26 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
Appellant
Charges: careless driving causing death and careless driving causing serious bodily harm (Admitted)
Plea: Guilty
Outcome: At a sentence hearing last year, Judge Gerald Keys fined O'Flaherty €750 in respect of each charge and banned him from driving for four years, the shortest ban allowed under the statute. She said the court was persuaded that the trial judge was in error in placing the truck driver's responsibility at the lowest end of the scale and said the penalty imposed was a substantial departure from the appropriate sentence.
Places mentioned
- Court of Appeal
- Circuit Criminal Court
Topics
Related court reports
- Youth got involved in €500k cocaine deal to raise funds for business
- Man caught "red handed" with loaded gun has prison sentence cut by one year
- "Career criminals" caught with loaded handguns jailed for total of 22 years
- Dublin men caught with loaded handguns to be sentenced next week
- Paul Zambra to be sentenced for handgun possession with intent to endanger life
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request