The Court of Appeal has reduced David Byrne’s sentence for dangerous driving causing death from five years to four, suspending the final year. It quashed the sentence imposed by the Circuit Court and left the lifetime driving disqualification unchanged.
The court delivered its judgment on 20 December 2019, after dismissing Mr Byrne’s appeal against conviction in a separate judgment on 11 October. This judgment dealt only with the sentence appeal.
Mr Byrne was convicted after a contested trial on 11 May 2018. The case arose from a fatal collision on Collins Avenue East on 16 October 2015, in which Patricia Dunne died. The judgment says Mr Byrne had Usher Syndrome Type 2, which affects peripheral vision, and had been advised not to drive. The court regarded his persistent driving despite knowing he should not drive as a serious aggravating factor.
The Circuit Court judge had set a headline sentence of eight years, reduced it to five years after considering mitigating factors, and imposed a lifetime driving disqualification. On appeal, Mr Byrne’s counsel argued that the jury’s basis for its verdict and the sentencing judge’s reasoning were unclear. The prosecution disputed that there was uncertainty about the basis of the case. The Court of Appeal rejected the complaints as overstated and concluded that the jury and sentencing judge had treated his decision to drive despite his condition as central.
The appeal court considered the case serious, but held that an eight-year headline sentence was an error. It set a six-year headline sentence instead, then reduced that to four years after considering mitigation and updated psychological material about Mr Byrne’s difficulties in prison.
The court noted his exemplary character, remorse, cooperation with Gardaí, lack of previous convictions and work record. It also considered his willingness to plead guilty to careless driving causing death and the other counts, and to consent to a lifetime disqualification, although he did not plead guilty to dangerous driving causing death. The court said suspending the final year marked the offence’s gravity while taking account of his individual circumstances.
The order substituted a four-year prison sentence with the final year suspended. The lifetime driving disqualification remained in force.