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Man fined €1,500 for dangerous driving causing death gets suspended sentence, despite undue leniency
Summary
In 2011 a 36‑year‑old man, Robert Eustace, was fined €1,500 and disqualified from driving for eight years after pleading guilty to dangerous driving that caused the death of a 21‑year‑old woman. The Court of Criminal Appeal, hearing an appeal by the Director of Public Prosecutions, found the original sentence unduly lenient. The appeal court imposed a four‑year suspended custodial sentence, to be served during the eight‑year driving disqualification. The court noted that Eustace had a medical history of blackouts and had been advised not to drive heavy goods vehicles, a factor the original judge had not fully considered. The suspended sentence means that if Eustace drives any vehicle during the disqualification period he will be sent to jail. The case was heard in Wexford Circuit Criminal Court and later at the Court of Criminal Appeal presided by Mr Justice Adrian Hardiman.
Who, what, where, when and why
What: Report matter: Man fined €1,500 for dangerous driving causing death gets suspended sentence, despite undue leniency. Charges or matters: dangerous driving causing the death of Ms Kelly at Adamstown, Dublin on September 18, 2009. Procedural stage: sentence
When:
- June 2011 Hearing Or Sentence
- September 18, 2009 Hearing Or Sentence
- 2013-12-09 Publication
Case subjects
Defendant
Charges: dangerous driving causing the death of Ms Kelly at Adamstown, Dublin on September 18, 2009 (Admitted)
Plea: Guilty
Outcome: However, Mr Justice Hardiman said the exercise was not to impose the sentence that should have been imposed in June 2011, but rather the sentence that is appropriate today. He said the court would impose a sentence of four years imprisonment suspended for the period of the eight year driving disqualification.
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