Repeat roads offender banned three times in one year appeals jail sentence
A repeat roads offender who was banned three times in the same year has appealed the severity of his five-month jail sentence after he was caught driving again, asking to “continue with his rehabilitation in the community” instead of going into custody.
Judge Deirdre Browne said that the offending of Patrick Lynch, (45) was “particularly egregious” considering he received three driving disqualifications in one year in 2018.
Lynch, with an address in Naas, Co Kildare was convicted in the District Court of driving without a licence, insurance or tax and failing to produce a licence contrary to the Road Traffic Act 1961. He was also convicted for failing to produce insurance and a licence on the same date.
Lynch received a sentence of five months in custody for the no insurance charge, made consecutive to another sentence of one year for different matter. He also received a six-year driving disqualification. Lynch later lodged an appeal against the severity of his sentence.
Sergeant Will Garbutt told the District Court Appeals Court that on December 17, 2024 he stopped a silver Ford Transit van on the Coldcut Road, Clondalkin, Dublin 22.
He said that the car was not displaying tax or insurance and that Mr Lynch was also a banned driver at the time.
Sergeant Garbutt said that the car was seized and that the documents demanded were not produced.
He told the court that Lynch has 194 previous convictions, with around 100 of these for road traffic matters. He said that Lynch had three different driving disqualifications, lasting for six, ten and twenty years respectively, imposed in 2018.
Defence counsel for the man, Seosaimhín Ní Chathasaigh BL, said it was clear that her client had “transgressed legal and moral norms” but she told the court that he had submitted an early guilty plea.
She said that her client had been born into poverty and that neglect had struck every facet of his life.
Ms Casey said that Lynch was desensitised to the misuse of alcohol and drugs and that he eventually began to experiment with heroin and crack cocaine.
However, she said that he has shown strength of character and is no longer taking any substances while he is in custody for another matter.
Judge Deirdre Browne said that there was no evidence presented to her that any drug or alcohol was taken on the day of the offence.
Ms Ní Chathasaigh said that her client has a desire to change his circumstances, that he has a willingness to engage in services and that there is a “tunnel of hope” for his future rehabilitation.
She asked the judge to suspend his sentence in its entirety so that he can engage with the probation services.
Judge Browne said that the difficulty is that the offence in question is “entirely untethered” from Lynch’s addiction issues. She said it was difficult to factor that into reconsidering his sentence.
She said that the offence was “egregious”, considering that Lynch had received three periods of disqualification in a single year. She said that he got into a Ford Transit van knowing that he was disqualified.
Judge Browne said that as the offending behaviour was “particularly egregious”, it was very hard to see any error in principle from the original District Court judge.
Ms Ní Chathasaigh said that her client has never received any formal treatment and that he is asking to continue with his rehabilitation in the community rather than in custody.
Judge Browne said that Ms Casey would need to produce further evidence or something from the probation service because her argument was missing any link to the offence.
She said that if she could provide some further evidence in relation to Lynch’s drug and alcohol addiction issues and show her how they are relevant to the case, she would “weigh them in the balance” in considering the case.
Judge Browne said that she “would need something clearer or more concrete” and decided to adjourn the matter until November 13.