Sentencing guide over dangerous driving causing death mulled

The Court of Appeal is to consider setting sentencing guidelines in cases of dangerous driving causing death.

The three-judge court will consider setting guidelines of the kind developed for a small number of other offences.

Mr Justice Garrett Sheehan made the suggestion in the case of Seán Casey, (27), of Cooragannive, Skibbereen, Co Cork, who was jailed last year for seven years for dangerous driving causing the death of a 22-year-old woman and the paralysis of her friend.

Casey was four times over the legal limit when he drove at 80km/h into a roundabout, the court heard.

His barrister, Tom Creed SC, submitted on Tuesday that the sentencing judge had erred in placing Casey’s offence “at the apex” of dangerous driving causing death cases before mitigation was applied. The maximum sentence for the offence is 10 years’ imprisonment.

Following Mr Justice Sheehan’s suggestion, counsel for the Director of Public Prosecutions, Lorcan Staines BL, said the DPP might wish to offer supplemental submissions.

Very difficult to balance

Mr Staines said cases involving dangerous driving causing death had become very difficult to balance because they were not the result of intended actions. They were essentially acts of recklessness, he said.

It had been “very clearly signposted” by the State, Oireachtas and Road Safety Authority that these were actions which could not be condoned, Mr Staines said.

Speaking on behalf of the Court of Appeal, Mr Justice Sheehan said the court would like to give some consideration as to whether or not it would perhaps set out sentencing guidelines in the course of its judgment.

The Court of Criminal Appeal had set guidelines in cases involving assault causing serious harm, commonly referred to by practitioners as the “Fitzgibbon” guidelines, and in cases involving possession of a firearm known as “Ryan” guidelines, both of which had been frequently relied upon by all sides in criminal courts since.

When asked by Mr Justice John Edwards what view would be put forward contrary to the DPP’s submissions, Mr Staines said a large number of comparator cases had been set out by the appellant in the Fitzgibbon case and the DPP had engaged with them.

Mr Justice Sheehan, who sat with Mr Justice Edwards and Mr Justice Alan Mahon, put the matter back to July 9th next.

Mr Creed was told Casey would know where he stood by the end of July.