Courts / Donegal / Report
Banned, serial offending ex-GAA star won't face more prison time for driving over cyclist despite DPP appeal
Summary
A former Donegal GAA player will not serve additional prison time following an unsuccessful appeal by the Director of Public Prosecutions at the Court of Appeal. Kevin McMenamin, aged 43, from Letterkenny, was convicted of dangerous driving causing serious bodily harm after striking a cyclist with a heavy goods vehicle in Dublin in July 2021. He was sentenced to 21 months imprisonment in January 2024 and disqualified from driving for five years. McMenamin had been released from custody in October 2024 after nine months, having been transferred to an open prison following enhanced remission application. The DPP argued the sentence was unduly lenient given McMenamin's 33 previous convictions, including multiple drink-driving and driving-without-insurance offences, and that he was already disqualified when the incident occurred. Justice Tara Burns dismissed the appeal, finding the sentence, while lenient, was not unduly so, having regard to mitigating factors including McMenamin's guilty plea, remorse, and work history.
Who, what, where, when and why
What: Report matter: Banned, serial offending ex-GAA star won't face more prison time for driving over cyclist despite DPP appeal. Charges or matters: dangerous driving causing serious bodily harm at the junction of Herbert Park Road and Morehampton Road in Ballsbridge. Procedural stage: appeal
When:
- October 2024 Incident
- January 19, 2024 Incident
- July 22, 2021 Hearing Or Sentence
- 2025-05-06 Publication
Case subjects
Appellant
Charges: dangerous driving causing serious bodily harm at the junction of Herbert Park Road and Morehampton Road in Ballsbridge (Admitted)
Plea: Guilty
Outcome: On January 19, 2024 he was sentenced by Judge Martin Nolan to 21 months in prison and was disqualified from driving for five years. Oisin Clarke BL, representing McMenamin, argued the 21-month sentence did not represent an error and noted there were cases with worse aggravating features where lower or similar sentences were imposed. "One could not say that this is of such divergence that it would require this court to intervene," he said.
Places mentioned
- Court of Appeal
- Dublin
- Dublin Circuit Criminal Court
- Herbert Park Road
- Letterkenny
- Donegal
- Herbert Park Road
Topics
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