The Court of Criminal Appeal replaced a fully suspended prison sentence imposed on James O’Reilly for dangerous driving causing death with a community service order requiring him to complete 240 hours of work. It left intact his six-year driving disqualification.
The court delivered judgment on 11 December 2007 on an application by the Director of Public Prosecutions to review the sentence as unduly lenient. O’Reilly had pleaded guilty in Wexford Circuit Criminal Court to dangerous driving causing the death of Ian Rossiter, driving while under the influence of an intoxicant, and driving without insurance.
The sentencing judge had imposed five years’ imprisonment for dangerous driving causing death and six months for each of the other offences, all to run concurrently. The sentences were suspended in full for three years on condition that O’Reilly keep the peace and be of good behaviour. He was also disqualified from driving for six years.
The fatal collision happened on Coolcotts Lane after O’Reilly drove his girlfriend’s car to a fast-food restaurant and offered friends a lift home. A witness observed the car travelling at speed with its tyres screeching. It crossed the centre of the road, collided with an oncoming vehicle, returned to its side of the road and struck a wall. Rossiter, a back-seat passenger, died from his injuries. A blood sample showed 125 milligrams of alcohol per 100 millilitres of blood. O’Reilly later admitted that he knew he was uninsured and had consumed alcohol.
The DPP argued that the wholly suspended sentence did not adequately reflect the offence, the aggravating circumstances or the need for general deterrence. The court rejected the idea that a custodial sentence was automatically required whenever dangerous driving causing death involved alcohol. It said that the sentencing judge was entitled to weigh the guilty plea, remorse, lack of previous convictions, injuries and longer-term effects on O’Reilly.
However, the appeal court concluded that the sentence addressed personal deterrence but did not give sufficient weight to general deterrence. It said that where dangerous driving causing death is aggravated by an additional factor such as alcohol consumption, the sentence should include an element of general deterrence. The court did not set broader sentencing guidelines, saying the circumstances of this case did not warrant doing so.
After receiving a probation report and further submissions, the court quashed the original sentences and ordered 240 hours of community service under the Criminal Justice (Community Service) Act 1983. It considered O’Reilly suitable for the work, with his consent, and said the order would also provide a visible deterrent locally. The six-year driving disqualification remained in force.