Courts / Donegal / Report
Two-year jail term for worst case of dangerous driving in history of the State is found too lenient
Summary
A man sentenced to two years imprisonment following his guilty plea to dangerous driving that caused eight deaths in County Donegal in 2010 will face resentencing after the Court of Appeal found his original sentence unduly lenient. Shaun Kelly, aged 27 and from Buncrana, received a four-year term with the final two years suspended by a Circuit Court judge in Letterkenny. The Director of Public Prosecutions successfully challenged the sentence, with the Court of Appeal determining that the suspended portion and overall reduction from an appropriate starting point of seven years constituted an error in principle. The collision occurred on a road between Clonmany and Buncrana on 11 July 2010, when Kelly's vehicle, carrying seven passengers and travelling at high speed without seatbelts fastened, struck another car head-on. The court noted Kelly's previous conviction for dangerous driving and described the incident as involving sustained dangerous driving of exceptional gravity. Kelly is scheduled for resentencing on 7 December.
Who, what, where, when and why
What: Report matter: Two-year jail term for worst case of dangerous driving in history of the State is found too lenient. 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:
- July 11 2010 Hearing Or Sentence
- December 7 Incident
- 2015-11-16 Publication
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
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 Ní 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
- Letterkenny
- Letterkenny Circuit Criminal Court
- Court of Appeal
- Another road
Topics
Related court reports
- Sentence doubled for Donegal man over worst case of dangerous driving in Irish history
- Appeal court considering new sentence for man whose dangerous driving caused the deaths of eight people
- Two-year jail term imposed on man whose dangerous driving caused eight deaths was "unduly lenient", DPP tells court
- Prosecutors to argue in October that two-year jail term imposed on man whose dangerous driving killed 8 people was 'too lenient'
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