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Drunk, disqualified driver who caused death with unroadworthy, overloaded car has sentence cut on appeal
Summary
Brian McDonagh, aged 25, was convicted of dangerous driving causing the death of his 19‑year‑old friend Thomas McDonagh in a single‑vehicle crash near Kylemore, Connemara, on 2 February 2014. He also pleaded guilty to driving without insurance. The original sentence was 10 years' imprisonment, with the final two years suspended, and a 20‑year driving disqualification. On appeal, the Court of Appeal found the maximum sentence excessive and noted that a psychiatric report showing McDonagh's remorse had not been considered. The sentence was reduced to eight years' imprisonment, with the final two years suspended, and he was required to enter a good‑behaviour bond for the suspended period. The driving disqualification remains in force. The appeal did not alter the fact that the incident involved an uninsured, unroadworthy, overloaded car and that McDonagh was two‑and‑a‑half times over the alcohol limit.
Who, what, where, when and why
What: Report matter: Drunk, disqualified driver who caused death with unroadworthy, overloaded car has sentence cut on appeal. Charges or matters: dangerous driving causing the death of his friend Thomas McDonagh (19) in a single-vehicle incident near Kylemore, Connemara on February 2, 2014. Procedural stage: appeal
When:
- February 2, 2014 Incident
- July 7, 2015 Incident
- 2016-07-08 Publication
Case subjects
Appellant
Charges: dangerous driving causing the death of his friend Thomas McDonagh (19) in a single-vehicle incident near Kylemore, Connemara on February 2, 2014 (Admitted)
Plea: Guilty
Outcome: Judge Rory McCabe sentenced McDonagh to 10 years imprisonment with the final two suspended on July 7, 2015 and disqualified him from driving for 20 years. McDonagh successfully appealed his sentence today and he was accordingly re-sentenced to eight years imprisonment with the final two suspended.
Places mentioned
- Galway
- Galway Circuit Criminal Court
- Court of Appeal
Topics
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