Courts / Laois / Report
Dangerous driver who caused death of woman 16 years ago has lifetime driving ban overturned
Summary
The Court of Appeal quashed a lifetime driving ban imposed on Brian Kelly, who had received a fully suspended sentence for the death of a 24‑year‑old woman in 2008. The court instead imposed a 20‑year disqualification from driving and re‑sentenced Kelly to a two‑year prison term suspended for two years. Kelly, 43, had been convicted of dangerous driving causing death, with a suspended jail term and a lifetime licence disqualification. The appeal argued the lifetime ban was an error in principle. Justice Tara Burns noted that lifetime disqualifications are reserved for exceptional cases, usually involving repeat offenders, which did not apply here. She also observed that a custodial sentence would have been likely had the appeal been lodged earlier, but deemed it unjust to impose imprisonment now, 16 years after the incident. The court therefore reduced the disqualification period to 20 years while maintaining the suspended prison term.
Who, what, where, when and why
What: Report matter: Dangerous driver who caused death of woman 16 years ago has lifetime driving ban overturned. Procedural stage: appeal
When:
- December 15, 2009 Hearing Or Sentence
- October 18, 2008 Incident
- October 17, 2008 Other
- 2024-07-22 Publication
Case subjects
Appellant
Outcome: Kelly (43), of St Brigid's Place, Portlaoise, was sentenced to two years in prison suspended for a period of two years, on December 15, 2009 by Judge Anthony Kennedy sitting at Portlaoise Circuit Criminal Court after pleading guilty to dangerous driving causing the death of Claire Hennessy on October 18, 2008 contrary to S53 of the Road Traffic Act 1961. The three-judge court quashed the lifetime driving ban and imposed a 20-year disqualification from driving on Kelly before proceeding to resentence the appellant to two years imprisonment suspended for two years.
Places mentioned
- Court of Appeal
- Portlaoise
- Portlaoise Circuit Criminal Court
- St Brigid's Place
- Portlaoise
Topics
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