Courts / Wexford / Report
Careless driver who seriously harmed pedestrian (88) sees driving ban reduced
Summary
Tanya Kirwan, 40, of Killisk, The Ballagh, Co. Wexford, pleaded guilty to careless driving causing serious bodily harm on 22 February 2021, when she struck 88‑year‑old Laurence 'Larry' Leacy. The collision left Leacy with spinal fractures, a fractured tibia, a lacerated scalp and kidney failure, and he later died of a respiratory tract infection. Kirwan was initially sentenced by Judge James McCourt at Wexford Circuit Court on 7 July 2022 to a one‑year suspended sentence and a four‑year driving ban. The Court of Appeal, hearing on 11 November 2024, found the four‑year ban was a discretionary order mis‑interpreted as mandatory. It quashed the original ban and imposed a two‑year, four‑month disqualification, back‑dated to 7 July 2022, while keeping the one‑year suspended sentence. Kirwan's car was in good condition, she was not intoxicated, and she had returned to work after lunch before the incident.
Who, what, where, when and why
What: Report matter: Careless driver who seriously harmed pedestrian (88) sees driving ban reduced. Charges or matters: careless driving causing serious bodily harm at Wexford Circuit Court on July 7, 2022. Procedural stage: appeal
When:
- July 7, 2022 Hearing Or Sentence
- February 22, 2021 Hearing Or Sentence
- 2024-11-11 Publication
Why: "We'll impose the sentence of one year and suspend it unconditionally because we are required to impose it de novo [anew] in every sense," he said. CNI source report
Case subjects
Defendant
Charges: careless driving causing serious bodily harm at Wexford Circuit Court on July 7, 2022 (Admitted)
Plea: Guilty
Outcome: Judge James McCourt imposed a one-year suspended sentence and disqualified Kirwan from driving for a period of four years. At the appeal hearing earlier today, Jordan Fletcher BL, representing Ms Kirwan, submitted that the sentencing judge "erroneously" applied a Consequential Disqualification Order (CDO) of four years in addition to the one year suspended sentence in circumstances where both the defence and prosecution counsel were of the belief that the Circuit Criminal Court was bound to do so.
Places mentioned
- Court of Appeal
- Wexford
- Wexford Circuit Court
- Circuit Criminal Court
- Tallaght
- Tallaght Hospital
- Beaumont Hospital
Topics
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