Courts / Meath / Report
Woman's driving ban for causing death of motorcyclist halved after error by lawyers
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:
- November 2019 Hearing Or Sentence
- November 19, 2019 Incident
- November 2022 Incident
- July 2022 Hearing Or Sentence
- 2024-04-11 Publication
Case subjects
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
Topics
Drugs Road Traffic Stage Appeal
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