The Court of Appeal raised the headline sentence for Christopher Coleman, who pleaded guilty to dangerous driving causing the death of Eugene Maher, from four to six years’ imprisonment after finding the original sentence unduly lenient. It suspended the final two years and nine months, subject to a three-year bond after his release. The 15-year driving disqualification remains in place.
The judgment, delivered by Mr Justice Sheehan on 23 February 2017, concerned an application by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993 to review the sentence imposed by Dublin Circuit Criminal Court on 23 June 2016. The appeal court stressed that it could intervene only where the sentence was substantially or grossly below the appropriate range and involved an error of principle.
The court’s account was that, shortly before the collision, Coleman was driving at speed on the wrong side of the road. He moved into a bus lane, passed cars stopped at traffic lights and drove through a red light before hitting Maher, who was crossing with his bicycle. Maher suffered fatal head injuries and died on 1 July 2015. The vehicle stopped briefly and then drove away. Coleman contacted gardaí on 4 July and presented at a station on 7 July, where he was arrested and made admissions.
At the original sentencing, the judge set a four-year headline sentence before taking account of mitigating factors. The prosecution argued that the starting point was too low, relying in part on a previous Court of Appeal case involving a different collision, a very high blood alcohol level and two victims. Coleman’s counsel urged the court to uphold the sentence, arguing that the trial judge had carefully weighed the relevant circumstances.
The appeal court said the sentencing judge’s decision was sound apart from identifying four years as the proper starting point. It set a six-year headline sentence, citing the speed, red-light violation, driving while disqualified and leaving the scene. The court also noted exceptional mitigation: remorse, an early guilty plea, no previous dangerous-driving convictions, a positive probation report and progress in prison programmes and work.
The court acknowledged the profound impact of Maher’s death on his family. It ordered the final two years and nine months suspended, conditional on Coleman entering a bond to keep the peace and be of good behaviour for three years after release.