The Court of Appeal has rejected an attempt by the Director of Public Prosecutions to increase the sentence imposed on Emmet Rigney for dangerous driving that left a five-year-old child with life-changing injuries near Ballingarry, Co Tipperary.
Rigney pleaded guilty to dangerous driving causing serious bodily injury following a head-on collision on the N52 on 14 August 2021. He was 18 at the time.
The court heard that Rigney attempted an overtaking manoeuvre while approaching a bend in wet, dark conditions. His Audi crossed onto the wrong side of the road and collided with an oncoming van carrying a father and his two children.
The younger child, identified as E, suffered a very severe traumatic brain injury. She required brain surgery, intensive care and extensive rehabilitation, and was left with significant disabilities affecting movement, communication, learning and everyday independence.
In April 2024, the Circuit Court set a headline sentence of three-and-a-half years before reducing it for mitigation to two years, fully suspended for two years. Rigney was also disqualified from driving for six years and ordered to pay €10,000 to E’s parents for her benefit.
The DPP argued that the sentence inadequately punished and deterred the offending, relying in part on an allegation that Rigney had been racing or driving competitively.
The Court of Appeal held that the evidence did not justify a finding of racing beyond reasonable doubt. The sentencing judge had instead been entitled to treat the offending as a seriously misjudged overtaking manoeuvre in poor conditions rather than reckless racing.
Mr Justice Edwards said the sentence was undoubtedly lenient but not unduly so. Rigney had pleaded guilty early, had no previous convictions, showed profound remorse, cooperated with gardaí and probation services and was assessed as presenting a low risk of reoffending.
The DPP’s application was dismissed, leaving the original sentence in place.