THE COURT of Criminal Appeal has ruled, in separate cases, that two young men received unduly lenient sentences for dangerous driving causing the deaths of a teenager and a young woman.
The Director of Public Prosecutions had argued the 240 hours’ community service imposed on Jason Burke, of Windgap, Co Kilkenny, and a one-year suspended sentence imposed on Robert Carroll (23), Firhouse, Dublin, who both pleaded guilty at their respective trials, were unduly lenient.
Yesterday, the appeal court with Ms Justice Fidelma Macken presiding and sitting with Mr Justice Declan Budd and Mr Justice John Edwards, upheld the DPP’s arguments in both cases.
Burke was sentenced at Kilkenny Circuit Court last year for dangerous driving causing the death of Catherine Doyle (14) at Hugginstown, Co Kilkenny, on July 15th, 2006.
The trial judge erred in not giving sufficient regard to the fact a custodial sentence could have been imposed in Burke’s case, Ms Justice Macken said. A 15-month jail sentence was appropriate in this case, the appeal court held.
In Carroll’s case, the appeal court also ruled the sentence imposed on him at Dublin Circuit Criminal Court in December 2008 for dangerous driving causing the death of Louise Blacoe (22) at the M50 southbound at Shankill in March 2007 was in error. The trial judge had not adequately taken into account the need for a general deterrent, it said.
The appeal court said it was considering imposing a two-year sentence in Carroll’s case but it adjourned the matter to allow Carroll’s lawyers make submissions.
Ms Doyle was a front-seat passenger in Burke’s car when it went out of control. He was 17 at the time. Burke had admitted to drinking four pints and was driving at an excessive speed. He had been warned by gardaí about speeding and had shown remorse.
In Carroll’s case, he had been driving for just three weeks when his vehicle overturned at a speed of 134 km/h. His car was so modified it became a lethal vehicle, experts said. Carroll, while driving in a convoy, had moved out into the overtaking lane when another driver came up at speed. He tried to pull in but lost control and his car overturned.Carroll had also shown remorse, the court heard.