The Court of Appeal suspended the final 18 months of Vincent Cadden’s six-year prison sentence for dangerous driving causing the death of his friend Colm Melia. The court required Cadden to enter a bond to keep the peace and be of good behaviour for 18 months after his release. The ten-year driving disqualification remains in place.
Cadden appealed only the refusal to suspend part of his sentence. His counsel accepted that the six-year headline sentence was correct and argued that suspending its final part would support further rehabilitation.
The court said the sentence was somewhat out of line with other cases it had considered. It was not persuaded by the prosecution’s argument that rehabilitation had effectively been achieved by the time of sentencing, leaving no need for a structured sentence. The judges said the trial judge ought to have considered suspending a limited part of the sentence, given Cadden’s guilty plea and lack of previous convictions.
The court resentenced him after considering steps he had taken towards rehabilitation, including further steps in custody. It had received testimonials, a letter confirming his completion of a Samaritan listening programme in prison, and a letter from a prison psychologist. It held that the six-year headline sentence remained appropriate, with the final 18 months suspended on the stated conditions.
Cadden was sentenced on 17 February 2016 after the crash on 5 October 2015. The judgment said that at about 4am a taxi driver found the crash scene at McShane’s Cross near Oldcastle. Melia, aged 22, was in the front passenger seat; Cadden was found nearby in a confused state.
The judgment recounted evidence of extensive vehicle modifications, including increased horsepower that doubled the manufacturer’s specification. A garda officer considered the vehicle dangerously defective and suitable only for closed-circuit use. Forensic examination indicated it was travelling at more than 67 km/h when it struck a stone wall and a pole near a T-junction. A hospital blood sample showed more than twice the permitted alcohol level in Cadden’s urine. The judgment also recorded evidence that he had consumed cannabis.
The court acknowledged the devastating impact of Melia’s death on his parents, sister and brother, as described in victim impact statements. It also noted evidence of Cadden’s cooperation with gardaí, remorse, injuries and depression after the crash. The appeal concerned the sentence only; the court’s order changed the suspension of part of the prison term and left the disqualification intact.