Courts / Longford / Report

'Utterly lacking in merit': appeal brought by driver who left man with 'catastrophic brain injuries' is rejected

Date
2021-06-29
Stage
Appeal
Primary locality
Edgeworthstown
County
Longford

Summary

The Court of Appeal has rejected an appeal by Aaron Cassidy, a convicted driver from Edgeworthstown, Co Longford, who challenged the severity of his five-year jail sentence for dangerous driving causing serious bodily harm. Presiding with Justices Kennedy and McCarthy, Mr Justice George Birmingham described the appeal as "utterly lacking in merit" and the original sentence as "generous" and "lenient." Cassidy was convicted in June 2020 for injuring pedestrian Stephen Roche in September 2017. He also pleaded guilty to failing to report the accident after fleeing the scene and abandoning his van in a bog. The court noted Cassidy was heavily under the influence of alcohol and cocaine at the time. The sentencing judge had reduced a headline sentence of eight years and six months to six years, suspending 12 months, resulting in an effective five-year term. Cassidy was also disqualified from driving for 10 years. The Court of Appeal affirmed that the sentence fell within the available range and declined to increase it, despite noting they would have been more severe. The matter was concluded with the appeal dismissed.

Who, what, where, when and why

What: Report matter: 'Utterly lacking in merit': appeal brought by driver who left man with 'catastrophic brain injuries' is rejected. Charges or matters: a charge of failing to report an accident to gardaí after he fled the scene and abandoned his van, which was never subsequently found, in a bog. Procedural stage: appeal

When:

Why: He decided, however, not to increase the sentence because it fell within the available range for the offence. CNI source report

Case subjects

Aaron Cassidy

Convicted Person

Charges: a charge of failing to report an accident to gardaí after he fled the scene and abandoned his van, which was never subsequently found, in a bog (Alleged Or Contested)

Outcome: Cassidy was also disqualified from driving for 10 years. Mr Justice Birmingham, having heard of the life changing injuries suffered by Mr Roche, said the sentencing judge was "entirely correct to place the offence near the highest end of the spectrum." Having set a headline sentence of eight years and six months, Justice Birmingham noted that the judge had reduced that to six years after considering mitigating factors and then further suspended a period of 12 months.

Places mentioned

Court Venue
  • Court of Appeal
  • Longford
  • Longford Circuit Criminal Court
Journey Or Route

Topics

Drugs Road Traffic Stage Appeal

Related court reports

Read the original CNI report

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