Courts / Meath / Report

Woman's driving ban for causing death of motorcyclist halved after error by lawyers

Date
2024-04-11
Stage
Appeal
Primary locality
Ratoath
County
Meath

Summary

Sandra Kavanagh, 48, avoided jail after colliding with motorcyclist Nebojsa Sarcevic, 29, on the M50 in November 2019, which caused his death. She had previously been convicted of road traffic offences. The trial judge initially imposed a one‑year driving disqualification, but the defence and prosecution mistakenly informed the judge that a mandatory four‑year ban applied. The Court of Appeal quashed the four‑year ban and replaced it with a two‑year ban, while an eight‑month fully suspended sentence remained on her record. Kavanagh pleaded guilty to careless driving causing death, was not speeding, had no drugs or alcohol, and was not using her mobile phone. The judge noted her remorse and the tragic nature of the incident. The case was heard at the Dublin Circuit Criminal Court in July 2022.

Who, what, where, when and why

What: Report matter: Woman's driving ban for causing death of motorcyclist halved after error by lawyers. Charges or matters: careless driving causing death on the M50 near Finglas on November 19, 2019; careless driving causing death, for what the trial judge said was a "momentary lapse into inattentive driving that could happen to anyone". Procedural stage: appeal

When:

Case subjects

Sandra Kavanagh

Appellant

Charges: careless driving causing death on the M50 near Finglas on November 19, 2019; careless driving causing death, for what the trial judge said was a "momentary lapse into inattentive driving that could happen to anyone" (Admitted)

Plea: Guilty

Outcome: Judge Martin Nolan had initially disqualified Kavanagh from driving for one year, but barristers in the case returned to court shortly afterwards and said there was a mandatory disqualification of four years in place. A now served eight-month fully suspended sentence was to remain on Ms Kavanagh's record.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Journey Or Route
Residence

Topics

Drugs Road Traffic Stage Appeal

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