THE COURT of Criminal Appeal has reduced the sentence imposed on a pregnant Sligo woman for perverting the course of justice.
Rebecca McLoughlin (26) of Sea View Park, Sligo, was sentenced to three years in prison on October 13th last by Judge Anthony Kennedy at Sligo Circuit Court after she pleaded guilty to lying to gardaí about events surrounding a car crash in which her friend died.
The three-judge court yesterday upheld an appeal against the severity of her sentence, finding that a three-year jail term with the final year suspended was more appropriate.
Ms McLoughlin, who is due to give birth in a few weeks’ time, had maintained that her friend was driving the car on August 20th, 2004, when in fact she was the one behind the wheel at the time of the fatal crash at Creggconnell, Rosses Point.
She only admitted to having being the driver in May 2008, almost four years later.
Defence counsel Colm Smyth argued that the trial judge erred in principle when he failed to make reference to a “base sentence” for the crime, and when he failed to indicate where on the scale Ms McLoughlin’s case should be.
Mr Smyth said that prior to her attempts to conceal the truth concerning the crash, Ms McLoughlin had led “a blameless life”.
He argued that his client had suffered as a result of her actions, and that she did eventually go to gardaí. Mr Smyth said the fact his client is pregnant was a “special factor” to be considered.
The DPP, represented by Dara Foynes, opposed the application. Ms Foynes said it was a “very sad case”.
In finding for the applicant, Chief Justice Adrian Hardiman, sitting with Mr Justice Peter Charleton and Mr Justice Daniel O’Keefe, said perverting the course of justice was a “serious offence” which undermines the effectiveness of justice.
However, the appeal court held that “telling the truth late was better than not telling the truth at all”.
It said the woman was only “out of her teens” when the incident which led to the offence occurred.
The Court of Criminal Appeal held that sufficient weight had not been given to the “entire combination of factors” in this case, and that in the circumstances the sentence was excessive.