Title: D.P.P.-v- James O'Reilly COURT OF CRIMINAL APPEALJudgment delivered on December 11th, 2007, by Mr Justice Kearns. Composition of court: Mr Justice Kearns, Mr Justice Murphy and Mr Justice McMenamin.
JUDGMENT
The Court of Criminal Appeal quashed a suspended sentence for a conviction for dangerous driving causing death, and substituted a sentence of 240 hours community service. It held that the original sentence did not adequately address the need for general deterrence which should constitute an element of sentencing policy in cases of this nature. The court left intact a disqualification order, disqualifying the accused from driving for six years.
BACKGROUND
On October 3rd, 2006, James O'Reilly pleaded guilty in Wexford Circuit Court to three road traffic offences: dangerous driving causing the death of Ian Rossiter on January 9th, 2005; driving while under the influence of an intoxicant on the same date; and driving without insurance. He was sentenced to five years' imprisonment for the first offence and six months for the second two, all to run concurrently. He was disqualified from driving for six years. The judge suspended the custodial sentence on the basis that he would be of good behaviour.
The offences were committed on the night of January 8th, 2005. O'Reilly was attending a function in honour of his parents' wedding anniversary at the Talbot Hotel in Wexford in the company of his girlfriend. He had a few drinks at the function and then went back to his girlfriend's house at Mount Prospect in Wexford.
Sometime shortly after midnight he took his girlfriend's car and drove it to the local fast food restaurant, where he met a number of friends who were looking for a lift, and he offered them a lift home. As he was driving them home he was observed to be driving at some speed with tyres screeching. He appeared to lose control of the car as an oncoming vehicle approached. The car crossed the road, glanced off the other vehicle, and then crashed into a wall. Ian Rossiter, who was travelling as a back seat passenger, received fatal injuries.
A sample of blood was subsequently taken from O'Reilly in hospital which indicated a concentration of 125 mgs of alcohol per 100 ml of blood.
He received serious injuries to his spine and spent five or six weeks in hospital. Following his discharge he was severely depressed by what had happened, and received treatment for depression.
Submissions were received from Mr Michael Delaney, BL, for the DPP and Ms Deirdre Murphy, SC, for O'Reilly.
DECISION
After reviewing a number of cases where the courts examined sentencing in cases involving dangerous driving causing death, the Court of Criminal Appeal did not find that the sentencing judge made any error in principle in suspending the sentence. It pointed out that the factors which she took into account are those which the same court specified in The People (Director of Public Prosecutions) v. Sheedy as the mitigating factors relevant to sentencing for this offence, that is, the plea of guilty; the absence of previous convictions; the presence of remorse; and the effect on the accused into the future.
Mr Justice Kearns said that the trial judge was entitled to take the admission and the co-operation with the Garda Siochána into account, along with the fact that O'Reilly received significant physical injuries and was in a poor mental state after his release from hospital.
He said that the essential question was whether general deterrence should be a significant concern when imposing sentence in such cases. He pointed to the widespread public concern about the impact of drink-driving and the high level of fatalities. Having regard to both the requirement for general deterrence and having regard also to all the mitigating factors, and having regard to the further requirement that the court bear in mind the ultimate rehabilitation of the respondent, he quashed the suspended sentence and substituted a sentence of 240 hours community service.
The full text of this judgment is available on www.courts.ie.
Solicitors: Chief Prosecution Solicitor (for the applicant); Doyles Solicitors, Westgate, Wexford (for the respondent).