The Court of Appeal has quashed the sentence imposed on a truck driver who pleaded guilty to careless driving causing death and serious bodily harm, substituting a 16-month prison term suspended for two years. It left in place his four-year driving disqualification and a €750 fine on each count.
The appeal was brought by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, which allows a sentence to be reviewed for undue leniency. The court held that the sentencing judge had erred in placing the driver’s culpability at the lowest level. It assessed the case as falling in the upper end of the mid-range of sentence and said the original penalty was a substantial departure from the appropriate sentence.
The collision happened on 15 March 2017. A Skoda Fabia travelling downhill collided with an oncoming Kia Sportage after the Skoda moved towards the grass verge, lost control and spun across the road. A three-year-old girl in the Skoda died at the scene. Her father, who was driving, suffered serious injuries.
The truck driver had been travelling behind a 35-seat coach and ahead of the Kia. Witnesses described the truck moving out and quickly returning to its lane; they believed the driver might have been attempting to overtake or check for oncoming traffic. The driver told gardaí he had pulled out after the coach appeared to move over the white line to avoid a possible obstruction, and that he then saw an oncoming car. He said he did not see a collision and continued his journey unaware an accident had occurred.
The Court of Appeal noted that the sentencing judge had not determined whether the truck driver pulled out to overtake or in response to a possible obstacle. But it found that none of the witnesses saw a pedestrian, rock, cyclist or other obstruction requiring the truck to move out. The court said the judge could have concluded the driver was trying to overtake the coach.
The original sentence had consisted of the minimum four-year disqualification and fines totalling €1,500. The Court of Appeal considered the fines proportionate given the driver’s modest means and retained them. It also declined to increase the disqualification, taking account of his age, former work as a professional driver, widowhood and remote rural residence with limited public transport.
The substituted prison sentence is suspended for two years, subject to the statutory condition and a €100 bond to be of good behaviour. The court said it would hear further submissions on the time allowed to pay the fines.