The Court of Appeal suspended the final nine months of Jane Kearney’s three-year prison sentence for dangerous driving causing serious bodily harm, after finding that the sentencing judge should have considered suspending part of the term to encourage rehabilitation.
The court ordered that the nine months be suspended for one year following Kearney’s release from prison. It left the three-year sentence in place, holding that the term was not inappropriate given her culpability and the harm caused. The appeal concerned the severity of the sentence imposed on 1 December 2015; the Court of Appeal proceeded to a fresh sentence hearing and varied the sentence in light of further mitigation.
Kearney had pleaded guilty at an early stage. The offence arose from an incident at the Citywest Hotel in Saggart on 8 March 2014. She had attended a fundraising function and decided to drive home after falling out with her boyfriend, despite having intended to stay at the hotel. She struck Blanaid Molloy, who was knocked unconscious, and left the scene. The sentencing judge identified driving while almost three times over the permitted alcohol limit and leaving the scene as the two principal aggravating factors.
Molloy suffered a serious head injury and long-term problems. Her victim impact evidence described a moderate brain injury, difficulty with everyday activities and a lasting change to her family’s life. The Court of Appeal referred to the harm done to her as a factor in upholding the three-year term.
Kearney’s counsel argued that the sentencing judge had not identified a headline sentence, had imposed no suspended portion and had imposed an excessive term. The prosecution accepted there was considerable mitigation but argued the sentence was appropriate and “not grossly severe”. The Court of Appeal agreed that the sentencing judge had not identified a headline sentence or considered suspension. It held that the failure to consider suspension was an error, given the importance of rehabilitation as a sentencing objective.
At the original sentencing, the judge had noted Kearney’s guilty plea, work record, remorse and cooperation with gardaí. The appeal court also had evidence of her previous road-traffic convictions and history of depression, as well as the loss of her younger brother in a road accident. At the fresh hearing, it received three certificates for health and fitness programmes completed in prison, a letter expressing remorse and an “excellent reference” from the Governor of the Dóchas Centre. The court said this material indicated progress towards rehabilitation and suspended the final nine months on that basis.