Judgment: 2019-10-15 · Court archive

Court of Appeal upholds David Byrne conviction over fatal Collins Avenue crash

Court of Appeal ·

Who, what, where, when and why

Who
  • David Byrne (Appellant)
  • Patricia Dunne
What

Court of Appeal upholds David Byrne conviction over fatal Collins Avenue crash

Where

Places mentioned in the report

  • Collins Avenue East
  • Mater Hospital
  • Clontarf Garda Station
When

Judgment:

Other dates in the report
  • 16 October 2015

    Mrs Dunne was crossing the road near the junction with the Howth Road on 16 October 2015 when she was struck by Byrne's car. CCTV showed her stopping at the centre line to allow another vehicle to pass before the collision. She died shortly after being brought to the Mater Hospital.

Why

Reasons reported in the judgment

Byrne argued that his medical condition was irrelevant unless the prosecution could directly prove it caused the collision. The Court of Appeal rejected that submission. Given the prosecution case that Byrne made no apparent effort to avoid the pedestrian, his peripheral vision was relevant and the medical evidence was admissible.

The Court of Appeal has upheld David Byrne's convictions arising from a fatal collision on Collins Avenue East in Dublin which killed 70-year-old pedestrian Patricia Dunne.

Mrs Dunne was crossing the road near the junction with the Howth Road on 16 October 2015 when she was struck by Byrne's car. CCTV showed her stopping at the centre line to allow another vehicle to pass before the collision. She died shortly after being brought to the Mater Hospital.

The prosecution case centred partly on Byrne having Usher Syndrome Type II, a degenerative condition involving congenital hearing loss and deterioration of peripheral vision. Evidence was given that a consultant ophthalmologist had advised him in 1997 not to drive and that he had not disclosed the condition when applying for a driving licence and insurance.

Byrne argued that his medical condition was irrelevant unless the prosecution could directly prove it caused the collision. The Court of Appeal rejected that submission. Given the prosecution case that Byrne made no apparent effort to avoid the pedestrian, his peripheral vision was relevant and the medical evidence was admissible.

The court also rejected his complaint that Gardaí should have given a separate legal-advice warning before asking for consent to access his medical records. Byrne had attended Clontarf Garda Station voluntarily by appointment and had already been informed of his right to legal advice before interview.

A further argument that he should have been prosecuted only for driving while suffering from a disabling medical condition, rather than dangerous driving causing death, was also rejected. The court found no legal bar to the more serious charge.

It further upheld the refusal to direct an acquittal, noting prosecution evidence that Mrs Dunne had been visible on the road for several seconds and that there appeared to have been no reaction from Byrne.

The appeal against conviction was dismissed. His separate sentence appeal was not determined in this judgment.

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