The Court of Appeal has dismissed Keith Lennon’s appeal against the severity of his sentence for three counts of manslaughter, leaving in place three concurrent 10-year sentences, each with the final year suspended.
The sentences were imposed at Dundalk Circuit Criminal Court on 12 February 2021. Lennon appealed the sentence, and the Court of Appeal delivered judgment on 1 April 2022. It held that the sentence did not fall outside the available range and dismissed the appeal.
The case arose from a fatal collision on the northbound M1 near Junction 20 at Ravensdale, Dundalk, in the early hours of 29 February 2020. Three people died: Mary Faxton, Kevin Faxton and Bryan Magill. Lennon was driving a red Audi A4 that struck the rear of a Peugeot 108 travelling in the same direction.
The judgment recounts evidence at the sentence hearing that the Audi reached 140 miles per hour immediately before the collision. Lennon had recorded short videos of the speedometer while driving and sent them to friends. The car was uninsured. The court also noted that Lennon left the scene and later contacted his solicitor and gardaí after learning of the deaths.
For the appeal, Lennon’s counsel argued that the trial judge’s 14-year headline sentence was excessive for an offence categorised as mid-range. The Court of Appeal said the offending was extremely serious and that the trial judge could have viewed it as falling in the upper range. It identified the high-speed driving, recording and sharing the videos, lack of insurance and leaving the scene as aggravating factors.
The court also recognised mitigation, including Lennon’s early plea, expressions of remorse, lack of previous convictions, work record and positive lifestyle. It concluded that a substantial custodial sentence was inevitable and that the judge had not made an error warranting appellate intervention. The appeal was dismissed; the court did not alter the sentences.