Court of Appeal clarifies mandatory ban rule in careless driving death case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal ruled on 21 December 2022 that a mandatory driving disqualification for a first offence of careless driving causing death was not required. The case of Colleen McCann was to return to Monaghan Circuit Court for finalisation.

McCann was convicted of careless driving causing the death of her friend, 17-year-old Ciaran McKenna, in a collision at Maghernakill, Castleblayney, Co Monaghan, on 30 July 2012. Judge John Aylmer imposed a 12-month fully suspended sentence at Monaghan Circuit Court in October 2021 and adjourned the question of a driving ban while her legal team challenged the legislation.

When entering a bond to keep the peace for the 12-month sentence, McCann undertook not to drive until the legal question of mandatory disqualification was resolved.

At the appeal hearing, McCann’s barrister, Martin O’Rourke KC, argued that her first conviction did not meet the threshold for a mandatory ban and that any disqualification was discretionary. For the State, Sunniva McDonagh SC argued that the legislation provided for a disqualification order for first offences.

Delivering judgment, Mr Justice Patrick McCarthy said mandatory disqualification for the offence arises only if there were at least two previous offences contrary to Section 52 of the Road Traffic Act, committed within the three years before the offence. He said there was no power to decline a mandatory order where its conditions were fulfilled in a case dealt with on indictment.