Courts / Donegal / Report
Teacher whose careless driving caused the death of a woman has balance of sentence suspended on appeal
Summary
A 28-year-old teacher from Letterkenny in County Donegal has had the balance of a 12-month prison sentence suspended on appeal following a conviction for careless driving that resulted in a fatal collision. Declan O'Donnell pleaded guilty at Monaghan Circuit Criminal Court to careless driving at Tulvaragh Lower, Carrickmacross on January 25th, 2013. He was sentenced to 12 months imprisonment on June 17th, 2015. The Court of Appeal found that the sentencing judge had been unduly influenced by the tragic consequences rather than the circumstances of the driving itself. The court noted the absence of aggravating factors, including no evidence of speeding, erratic driving, or impairment. O'Donnell was suspended from driving while travelling home from Dublin to Donegal on a wet evening when his vehicle collided with another car. The appeal court determined the case could be appropriately dealt with through a non-custodial sentence and suspended the remainder of his term conditional on completing 200 hours of community service.
Who, what, where, when and why
What: Report matter: Teacher whose careless driving caused the death of a woman has balance of sentence suspended on appeal. Charges or matters: careless driving at Tulvaragh Lower, Carrickmacross on January 25 2013. Procedural stage: appeal
When:
- January 25 2013 Hearing Or Sentence
- June 17, 2015 Hearing Or Sentence
- 2015-07-09 Publication
Case subjects
Appellant
Charges: careless driving at Tulvaragh Lower, Carrickmacross on January 25 2013 (Admitted)
Plea: Guilty
Outcome: Her mother didn't want to see Mr O'Donnell receiving a custodial sentence while her husband felt the 12 month sentence imposed that morning should have been allowed to stand, the judge said. Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, said the court would suspend the balance of the sentence on the basis that O'Donnell completes 200 hours community service.
Places mentioned
- Letterkenny
- Dublin
- Appeal's view
- Monaghan
- Monaghan Circuit Criminal Court
- Court of Appeal
Topics
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