Courts / Kildare / Report
Elderly driver who collided with roadworks killing worker wins conviction appeal
Summary
Michael O'Shea, 70, of Smithstown, Maynooth, had been convicted of careless driving causing the death of Kevin O'Sullivan at Graiguesallagh, Ladychapel, in January 2013. He had pleaded not guilty at Naas Circuit Criminal Court, was disqualified from driving for four years, fined €5,000 and ordered to retake a driver competency test. In December 2014 Judge Gerard Griffin directed the disqualification and fine. On 15 December 2015 the Court of Appeal, hearing the appeal, found that the trial judge had misdirected the jury by classifying the offence as one of strict liability. The Court of Appeal allowed the appeal and directed a retrial. The appeal was argued by Damien Colgan SC, who contended that the jury had not been properly instructed on the requirement of intention or recklessness for the offence of careless driving causing death.
Who, what, where, when and why
What: Report matter: Elderly driver who collided with roadworks killing worker wins conviction appeal. Charges or matters: careless driving causing the death of Mr Kevin O'Sullivan at Graiguesallagh, Ladychapel on January 13, 2013. Procedural stage: appeal
When:
- January 13, 2013 Hearing Or Sentence
- December 18, 2014 Incident
- 2015-12-15 Publication
Why: In order to convict, Mr Justice Mahon said a jury would have to be satisfied beyond a reasonable doubt that there had been intention or reckless behaviour in the manner of his driving. CNI source report
Case subjects
Appellant
Charges: careless driving causing the death of Mr Kevin O'Sullivan at Graiguesallagh, Ladychapel on January 13, 2013 (Alleged Or Contested)
Plea: Not guilty
Outcome: Mr O'Shea was disqualified from driving for four years, fined €5,000 and directed to resit a driver competency test by Judge Gerard Griffin on December 18, 2014.
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