Declan O'Donnell’s sentence for fatal careless driving suspended on appeal

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

Declan O'Donnell had the remainder of his 12-month prison sentence suspended by the Court of Appeal on 9 July 2015, with an order to complete 200 hours of community service. He had spent three weeks in prison.

He had pleaded guilty to careless driving at Monaghan Circuit Criminal Court. The proceedings were reported on 10 July 2015. The original sentencing judge, John O'Hagan, had imposed a year in prison to reflect the seriousness of the case.

His careless driving caused the death of Michelle McCabe, 34, in a collision at Tullvaragh Lower, Carrickmacross, on 25 January 2013. She was travelling with her mother and two children, aged eight and six.

Judge John O'Hagan said O'Donnell's car went onto the wrong side of the road and collided with her car, and that she had done nothing wrong. O'Donnell could not recall exactly what had happened but admitted responsibility. The report said the forensic collision investigator had not determined what caused the crash.

Mr Justice George Birmingham said the sentencing judge appeared heavily influenced by the consequences rather than the driving itself. He considered it significant that a couple travelling behind O'Donnell had made no complaint about his driving. The report said the vehicle was in very good condition, no drink or drugs were involved and his driving had appeared good beforehand.

O'Donnell had no previous convictions, and the court heard he had apologised openly and regretted what happened. The report said Michelle McCabe's mother opposed imprisonment, while her husband wanted the 12-month sentence to stand.