The Court of Appeal reduced Paul Coen’s driving disqualification from 10 years to seven after finding the original period “somewhat disproportionate”. It otherwise upheld the sentence imposed for dangerous driving causing serious bodily harm and refusing to provide a sample.
Coen had been sentenced on 18 May 2021 to four years in prison, with the final year suspended, for dangerous driving causing serious bodily harm. He also received a six-month sentence for refusing to provide a sample, to run concurrently, and a four-year disqualification for that offence. The sentencing judge imposed a 10-year disqualification on the dangerous-driving count.
The appeal, decided on 15 December 2022, challenged the severity of the sentence, with particular focus on the length of the driving ban. The Court of Appeal found no error in the judge’s assessment of the dangerous-driving offence or the sentence after mitigation. It said the judge was entitled to impose a disqualification longer than the mandatory four years.
The collision occurred on the N20 between Mallow and Cork City on 1 December 2019. Witnesses described a Ford Focus travelling erratically before it crossed into oncoming traffic and struck a Toyota Corolla. The Toyota driver was airlifted to Cork University Hospital and suffered multiple fractures and other injuries. Her husband and daughter, who were passengers, were also injured; the judgment said no charges arose from their injuries.
The court said the collision caused life-altering harm and noted the driver had been seen driving erratically on two occasions, about two hours apart. It also said he had consumed alcohol between those observations. Coen’s prepared statement acknowledged that he lost control, crossed the white line and collided with oncoming traffic.
In reducing the disqualification, the court considered its significant consequences for Coen and his family, including for employment. It described the order as a determination of fitness to drive intended to protect the public, rather than a primary punishment. The court intervened only to shorten the ban to seven years; the other sentence terms remained in place.