Courts / Louth / Report

Family of killed teen challenge decision to refer alleged driver to youth programme

Date
2021-12-14
Stage
Sentence
Primary locality
Dundalk
County
Louth

Summary

The family of Barry Griffin Junior, who died in a 2020 road collision, has brought a High Court action to challenge the Garda's decision to refer the driver of the Mercedes involved in the crash to the Garda Youth Diversion Programme. The incident involved two cars racing each other; the VW Passat driven by 19‑year‑old Brogan Kelly lost control and collided with the Mercedes, killing 17‑year‑old Griffin. Kelly was prosecuted and sentenced to five years and six months' imprisonment, with 18 months suspended. The Griffin family argue that the decision to divert the Mercedes driver means he will not face criminal prosecution, a move they say was made without their consultation and is irrational and unlawful under the 2001 Children Act. They seek an order quashing the diversion decision and disclosure of the Garda's reasons. The case is set for a February hearing before Mr Justice Charles Meenan. Brogan Kelly pleaded guilty.

Who, what, where, when and why

What: Report matter: Family of killed teen challenge decision to refer alleged driver to youth programme. Charges or matters: charges arising out of the incident including dangerous driving causing death. Procedural stage: sentence

When:

Case subjects

Barry Griffin Junior

Applicant

Charges: charges arising out of the incident including dangerous driving causing death (Alleged Or Contested)

Brogan Kelly

Defendant

Charges: charges arising out of the incident including dangerous driving causing death (Admitted)

Plea: Guilty

Outcome: Kelly was sentenced to a period of imprisonment of five years and six months with the final 18 months suspended.

Places mentioned

Court Venue
  • Youth Diversion Programme. The High Court
  • Circuit Criminal Court
Incident
Residence

Topics

Stage Sentence

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