The Court of Appeal has allowed Michael O’Shea’s appeal against his conviction for careless driving causing the death of roadworks traffic controller Kevin O’Sullivan in Co Kildare.
O’Shea had been convicted by a majority jury at Naas Circuit Criminal Court on 12 November 2014. He was later fined €5,000, disqualified from driving for four years and directed to re-sit a driver competency test after the disqualification.
The collision occurred on 9 January 2013 at roadworks at Graiguesallagh. O’Shea, then aged 70 and living in Smithstown, Maynooth, was driving when his car collided with a JCB. Mr O’Sullivan, who was carrying out traffic-control duties and standing close to the machine, was struck and pinned between the car and JCB and died.
O’Shea maintained that strong sunlight had blinded him as he approached and that no warning signs were visible. Evidence established that he was not travelling at high speed, his car was roadworthy and both he and the JCB driver tested negative for alcohol. Other witnesses also described the sun as low shortly after the collision.
The central issue on appeal concerned the trial judge’s directions to the jury. The judge had characterised careless driving causing death as a strict-liability offence and had not directed the jury that intentional or reckless driving was necessary for criminal culpability.
Mr Justice Mahon, delivering the court’s judgment, held that dangerous or careless driving causing death are not strict-liability offences. The court said mens rea — a guilty state of mind — is required for an indictable offence and, in this case, the jury needed to be satisfied that O’Shea’s driving involved intentional or reckless behaviour.
Although defence counsel had not requisitioned the trial judge on that issue, the Court of Appeal held that the error was fundamental to the fairness of the trial and could still be considered.
The appeal was therefore allowed on the first five grounds. A sixth ground concerning directions about the consequences of a guilty verdict was rejected.