The Court of Appeal varied the sentence of Adam Whelan for dangerous driving causing serious harm and drink driving, increasing the suspended portion of his prison term and adding rehabilitation and supervision conditions. It left the six-year headline sentence unchanged.
Whelan had pleaded guilty to both offences. In February 2018, Trim Circuit Criminal Court sentenced him to six years for dangerous driving causing serious harm, with the final two years suspended, and four months for drink driving. It also disqualified him from driving for ten years for the dangerous-driving offence and one year for drink driving.
The appeal concerned the severity of the sentence. Whelan argued that the sentencing judge wrongly placed the dangerous-driving offence in the higher range and gave insufficient weight to his early guilty plea, remorse, family background and rehabilitation efforts. The prosecution opposed the appeal, pointing to the aggravating circumstances and arguing that the sentence was within the range open to the sentencing judge.
The Court of Appeal said the six-year headline sentence was appropriate given the gravity of the offending. It found, however, that an error of principle had occurred in the length of the suspended period. The court said some discount was required for mitigation and that the appropriate course was to extend the suspended period while imposing conditions to support rehabilitation and protect the community.
The court changed the suspended portion from two years to two and a half years. It ordered Whelan to undertake offence- and victim-focused intervention as directed by his supervising probation officer, attend aftercare and addiction services and training and employment services as directed, and comply with all directions of the Probation Service during the suspension. The court said he would remain under probation supervision for three years after his release.
The judgment records that the crash occurred in September 2016 near Ballivor, Co Meath. The injured passenger, who was 16 at the time, suffered serious injuries including fractures and long-term loss of mobility in her left foot. The source reports that Whelan was driving while disqualified and under the influence of alcohol and drugs.