The Court of Appeal has reduced Finbar O’Rourke’s sentence for dangerous driving causing death or serious bodily harm following a crash near Portarlington in which four-year-old Ciaran Treacy died and his mother suffered life-threatening injuries.
O’Rourke pleaded guilty at Portlaoise Circuit Criminal Court. He had originally received seven years and six months' imprisonment and a 20-year driving disqualification.
The collision happened on April 17, 2014 on the R419 between Portlaoise and Portarlington. Gillian Treacy was driving home when O’Rourke’s Toyota Avensis crossed the road and struck her car head-on at Ballymaurice.
Ciaran died later that evening at Portlaoise Hospital. His mother sustained serious fractures and lacerations and underwent ten surgical procedures during a five-week hospital stay. Her seven-year-old son Sean was physically uninjured.
Forensic evidence indicated no braking by O’Rourke before impact. His car was travelling at about 86km/h in an 80km/h zone. His alcohol level was later recorded at 200mg per 100ml of urine. A witness told Gardaí that O’Rourke had consumed between eight and ten pints of cider that afternoon.
The sentencing judge treated the case as close to the highest end of the scale and selected a nine-year headline term before mitigation. O’Rourke appealed, arguing among other things that the starting point was excessive and that insufficient credit had been given for his guilty plea, remorse and other mitigation.
The Court of Appeal accepted that the offence was extremely serious and that O’Rourke’s intoxication, decision to drive and departure from the scene were aggravating. However, it found an error in setting the headline sentence at nine years because there was no prolonged course of dangerous driving or significantly excessive speed.
The court resentenced him to eight years with the final two years suspended for five years, primarily to recognise his guilty plea, genuine remorse and rehabilitation prospects. The 20-year driving disqualification remained in place.