Drunk driver gets most of five-year sentence suspended

A drunk driver who struck a pedestrian and left him a double amputee has had three years of his five year sentence suspended and his 20-year driving ban reduced to five years by the Court of Appeal.

Last January Marius Strelciunas (33), with a last address at Manor Court, Knocknacarra, Co Galway, was jailed for five years by Judge Sean O Donnabhain, having pleaded guilty at Galway Circuit Criminal Court to dangerous driving causing serious bodily harm to a then 22-year college student and drink driving on December 23rd, 2012.

The court heard that Strelciunas has been out drinking for the evening when he got in to his car to drive home. He was driving toward Barna in Co Galway when his car mounted the path and struck the victim, leaving him with “catastrophic” injuries.

Strelciunas was found to be approximately four-and-a-half times over the legal alcohol limit. The victim had one leg amputated above the knee and one leg amputated below the knee.

Counsel for Strelciunas, Mr John Hogan Bl, on Monday submitted that the trial judge erred in principle by failing to attach appropriate weight to the mitigating factors in the case, including issues pertinent to remorse and a "very early" plea of guilty.

He said Strelciunas had made immediate admissions of his involvement, had expressed his remorse, and had only one minor previous conviction for theft.

Mr Justice Mary Finlay-Geoghegan, presiding at the Court of Appeal, said the court had concluded that the sentencing judge did err in principle in imposing the five-year sentence. She said the imposition of such a sentence without remission in this instance was disproportionate.

The judge said the trial judge also erred in principle in effectively appearing to discount some portion of the probation report without identifying the portion, without giving a reason why he considered it to be “naive” and without giving the probation officer an opportunity to explain the report.

Ms Justice Finlay-Geoghegan said the court found that the judge also erred in principle in his approach to the driving disqualification, and the court was of the view that the 20-year period was disproportionate.

Having regard to the gravity of the offence and the “catastrophic” consequences for the victim, Ms Justice Finlay-Geoghegan said the court found that the offence prior to the consideration of the mitigating factors should carry a sentence of five years.

Nevertheless, the judge said there were a significant number of mitigating factors, including the applicant’s remorse, his work record and his assessment of being at a low risk of re-offending.

Ms Justice Finlay Geoghegan said the court was of the view that the appropriate sentence was one of five years with three years suspended, with a disqualification of five years as an appropriate period.

Both the sentence and the disqualification were back-dated until January 29th, 2014.