Courts / Kildare / Report
Dangerous driver has "unusually severe" sentence cut
Summary
James O'Donovan, aged 30, of Athy, Co Kildare, was found guilty of dangerous driving causing the deaths of his girlfriend Rosanna Potts (22) and Teresa Kiely (49) on 27 December 2012. He had pleaded not guilty and was originally sentenced to seven years' imprisonment by Judge Leonie Reynolds on 2 March 2015. On appeal the Court of Appeal deemed the sentence "unduly severe" and ruled that O'Donovan's defence, which sought to attribute blame to Ms Potts, was not an aggravating factor. The Court therefore resentenced him to five years' imprisonment with the final year suspended, reduced his 30‑year driving disqualification to 12 years, and required a good‑behaviour bond. The case involved expert testimony that the Mitsubishi Pajero he was driving entered the wrong side of the road and collided with a Toyota Prius, killing Ms Kiely and injuring her daughter.
Who, what, where, when and why
What: Report matter: Dangerous driver has "unusually severe" sentence cut. Charges or matters: dangerous driving causing the deaths of Rosanna Potts (22), his girlfriend and passenger, as well as Teresa Kiely (49), who was travelling with her daughter in another car, at Youngstown, Athy, on December 27, 2012. Procedural stage: appeal. Findings: Found guilty
When:
- December 27, 2012 Hearing Or Sentence
- March 2, 2015 Hearing Or Sentence
- 2016-06-24 Publication
Why: Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice Alan Mahon, imposed a five year sentence with the final year suspended in order to incentivise rehabilitation. CNI source report
Case subjects
Appellant
Charges: dangerous driving causing the deaths of Rosanna Potts (22), his girlfriend and passenger, as well as Teresa Kiely (49), who was travelling with her daughter in another car, at Youngstown, Athy, on December 27, 2012 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; O'Donovan successfully appealed his sentence today with the Court of Appeal deeming it "unduly severe" and finding that the Circuit Court erred in treating his defence as an aggravating factor. Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice Alan Mahon, imposed a five year sentence with the final year suspended in order to incentivise rehabilitation.
Places mentioned
- Naas
- Naas Circuit Criminal Court
- Court of Appeal
- The Circuit Court
Topics
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