Courts / Donegal / Report

Two-year jail term imposed on man whose dangerous driving caused eight deaths was "unduly lenient", DPP tells court

Date
2015-10-22
Stage
Appeal
Primary locality
Buncrana
County
Donegal

Summary

The Director of Public Prosecutions has appealed a sentence imposed on a man convicted of dangerous driving that resulted in eight deaths near Buncrana, County Donegal. Shaun Kelly, aged 26, of Hill Road, Ballymagan, Buncrana, pleaded guilty at Letterkenny Circuit Criminal Court to causing eight deaths through dangerous driving on a road between Clonmany and Buncrana on 11 July 2010. The trial judge imposed a four-year sentence with the final two years suspended and imposed a ten-year driving disqualification. The DPP argued before the Court of Appeal that the sentence was unduly lenient, contending it failed to reflect the gravity of Kelly's culpability and the severity of the harm caused. The prosecution submitted there was evidence of prolonged deliberate dangerous driving, that multiple fatalities were foreseeable, and that Kelly had a previous dangerous-driving conviction. Kelly's counsel argued the sentencing judge properly considered all aggravating and mitigating factors. The Court of Appeal reserved judgement.

Who, what, where, when and why

What: Report matter: Two-year jail term imposed on man whose dangerous driving caused eight deaths was "unduly lenient", DPP tells court. Charges or matters: dangerous driving causing the death of eight men on a road between Clonmany and Buncrana on July 11, 2010. Procedural stage: appeal

When:

Why: He said Judge O'Hagan was in the best place to decide the case on its facts because it happened in his district. CNI source report

Case subjects

Shaun Kelly

Appellant

Charges: dangerous driving causing the death of eight men on a road between Clonmany and Buncrana on July 11, 2010 (Admitted)

Plea: Guilty

Outcome: He was sentenced to four years imprisonment with the final two suspended by Judge John O'Hagan in December last. Ms NĂ­ Raifeartaigh said the sentence of four years imprisonment with two suspended did not reflect the gravity of Kelly's culpability and the harm that was actually caused.

Places mentioned

Court Venue
  • Court of Appeal
  • Letterkenny
  • Letterkenny Circuit Criminal Court
Residence
Journey Or Route
Secondary Mention

Topics

Road Traffic Stage Appeal

Related court reports

Read the original CNI report

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