The Court of Appeal has increased the sentence imposed on Muiris Flynn for dangerous driving that seriously injured two cyclists in County Roscommon, while suspending the unserved balance of his revised prison sentence.
In a judgment delivered on 30 October 2020, the court allowed a review brought by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993. It held that the original sentence was unduly lenient and quashed it. The court said a six-year headline sentence was appropriate for the principal offence, rather than the four years set by the sentencing judge.
Flynn had pleaded guilty to dangerous driving causing serious bodily harm, driving over the alcohol limit and driving without insurance. The Circuit Court had imposed four years for the dangerous driving offence, with the final 30 months suspended, leaving 18 months to serve. It also imposed concurrent sentences of four months for the alcohol offence, driving disqualifications and licence endorsements.
The collision happened on 24 September 2017 at Doon, Boyle. Two cyclists were struck from behind by Flynn’s car. The court heard that both suffered serious, life-altering injuries. Breath specimens recorded 80 micrograms of alcohol per 100 millilitres of breath, against a limit of 22 for an unspecified driver. Flynn was also uninsured. Although the car’s speed was below the 80 km/h limit, the Court of Appeal treated his failure to adjust his driving to the conditions as part of the dangerous driving, rather than a separate aggravating factor.
The court found Flynn’s culpability and the harm caused very significant. It said the four-year headline sentence fell outside the sentencing judge’s discretion. However, it accepted that his guilty plea, lack of previous convictions, good character and remorse supported substantial mitigation. It considered the original level of discount for mitigation and reform acceptable when viewed on its own, but said the low starting sentence made the overall punishment unduly lenient.
The Court of Appeal set a six-year headline sentence, reduced it by half to three years after mitigation, and imposed a €20,000 fine, with six months’ imprisonment in default. It reimposed the eight-year driving disqualification, dating from 8 October 2019. The court suspended the unserved balance of the three-year custodial term on the same conditions as before, taking account of time already served and Flynn’s conduct and employment after release on temporary release. It said he would not have to return to prison. The sentences for driving over the alcohol limit and driving without insurance were left unchanged, and all sentences run concurrently.