The Court of Appeal has reduced James Doyle’s prison sentence for dangerous driving causing serious bodily harm from three and a half years to two and a half years, while leaving his six-year driving disqualification unchanged.
Doyle appealed the sentence imposed by Dublin Circuit Criminal Court on 28 March 2023. The Court of Appeal, in a judgment delivered on 1 February 2024, found that intervention was required because the sentence was higher than it was accustomed to seeing in cases of this nature.
The offence arose from a collision on Cromwellsfort Road on 23 April 2020. Doyle was riding a motorbike and struck a woman who was crossing the road while listening to music on headphones. The judgment said the road was dry, visibility was good and traffic was light. A forensic report estimated the motorbike’s speed at impact at about 84km/h in a 50km/h zone. CCTV analysis put Doyle’s average speed between 122km/h and 127km/h. The bike was roadworthy, Doyle was licensed and insured, and his blood test was negative for intoxicants.
The woman suffered fractures to both legs and her spine, a dislocated right shoulder with a fracture to the upper arm, and a splenic laceration. She underwent multiple procedures, rehabilitation and further operations to remove metalwork. The judgment said she continued to experience limited shoulder mobility, anxiety and effects on her social life. Her family adapted their home to support her recovery, and her mother gave up work for a period to care for her.
Doyle argued that the sentencing judge’s indicated headline sentence of between six and seven years placed excessive weight on speeding and insufficient weight on the absence of other aggravating factors, such as racing, drink or drugs. The Court of Appeal said the case involved a single aggravating factor, but that the speed was particularly dangerous in an urban built-up residential area. It classified the offending as at least midrange, while finding that factors associated with the upper tier were absent.
The court considered a midrange midpoint headline sentence of about five years appropriate. It also took account of Doyle’s early plea, remorse, positive adult life, good work record, old previous convictions and positive prison report. The court quashed the Circuit Court sentence and substituted two and a half years’ imprisonment, running from the same date as the original sentence. It did not interfere with the driving disqualification order.