Judgment: 2016-11-01 · Court archive

Court of Appeal dismisses challenge to seven-year dangerous-driving sentence

The court found the sentence was within the sentencing judge’s discretion, citing the victim’s severe injuries and aggravating circumstances.

The Court of Appeal ·

Who, what, where, when and why

Who
  • Maurice Power (Appellant)
What

The court found the sentence was within the sentencing judge’s discretion, citing the victim’s severe injuries and aggravating circumstances.

Where

Places mentioned in the report

  • Clonmel
  • Northfield House
When

Judgment:

Why

Reasons reported in the judgment

The court said seven years was a significant sentence but held that the sentencing judge was entitled to set it as the headline term, allowing for the judge’s margin of appreciation. It was also satisfied that suspending the final 12 months gave sufficient credit for mitigation. The appeal was dismissed; the court did not alter the sentence.

The Court of Appeal has dismissed Maurice Power’s appeal against a seven-year prison sentence for dangerous driving causing serious bodily harm, with the final year suspended on conditions.

Power pleaded guilty to the offence and to driving with excess alcohol. The court said the collision happened at about 5am on 17 November 2012, when he lost control of his car and struck Mrs O’Connell as she walked home. His car went through the boundary wall of Northfield House in Clonmel, where she was carried into the grounds. Power stayed at the scene and tried to help before gardaí arrested him.

The judgment said Power was three times over the legal alcohol limit and was driving while uninsured and disqualified. He was sentenced at Clonmel Circuit Criminal Court on 31 July 2013. The suspended year was subject to abstaining from alcohol for two years after release and keeping the peace and being of good behaviour during that period.

Mrs O’Connell’s victim impact report described the loss of her left leg after 14 operations, a fractured nose, cracked ribs and other injuries. She spent four months in hospital and reported a traumatic brain injury, memory problems and mood swings. The report also described effects on her psychological wellbeing and family relationships.

The appeal argued that the sentencing judge placed the offence too high on the penalty scale and gave too little weight to mitigation. The Court of Appeal considered the seriousness of the injuries alongside the aggravating factors, including Power’s previous convictions, a prior drink-driving conviction and earlier driving disqualifications. It also noted his guilty plea, remorse and assistance at the scene, which the sentencing judge had treated as mitigating factors.

The court said seven years was a significant sentence but held that the sentencing judge was entitled to set it as the headline term, allowing for the judge’s margin of appreciation. It was also satisfied that suspending the final 12 months gave sufficient credit for mitigation. The appeal was dismissed; the court did not alter the sentence.

Read the original court judgment

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