Young driver who caused neighbour's death has driving ban halved
A young Cork man who caused the death of a neighbour whilst driving drunk has succeeded in having his 20-year driving-ban halved on appeal.
Daryl Lordan (aged 20) was sentenced to three years with 18 months suspended by Judge Sean O Donnabhain after pleading guilty to dangerous driving causing the death of Robert Condon (aged 21) at Pewterhole Cross, Ardbrack, Kinsale on August 16, 2009. He was also disqualified from driving for a period of 20 years.
The court heard that Lordan was “very drunk” when intercepted by gardaí and that he had earlier failed to heed the advice of friends that he was unfit to drive.
Counsel for the applicant, Mr Tom Creed SC, told the court that the sentencing judge failed to give proper consideration to the extent of the punishment handed down and failed to meet his obligation to act judicially when considering Lordan’s unique personal circumstances.
He said that the 20-year ban had far-reaching consequences for Lordan’s chosen career as an agricultural contractor.
Mr Creed said the court should have regard to the fact that the Condon family had written a “very noble” letter, in which they stated that while they wanted justice to be served, in memory of their son Robert they did not want two lives ruined and wished for Lordan to move on and have a life.
He said there were unique mitigating factors in the case, including Lordan’s youth, his early plea of guilty, his remorse and evidence that he was not exceeding the speed limit at the time of the offence. Mr Creed told the court that Lordan was extremely remorseful and had been under the care of a psychiatrist for the treatment of depression.
Mr Garnet Orange BL, for the State, said that in the context of the tragic circumstances of the case, the court should have regard to the fact that Judge O Donnabhain attempted to balance the need to be lenient toward the accused against the requirement to act judicially with regard to the circumstances of the offence.
Mr Justice Joseph Finnegan, presiding at the Court of Criminal Appeal, said that the 20-year driving ban was “particularly harsh” given Lordan’s chosen path in life as an agricultural contractor, which involved driving heavy machinery for considerable distances and often on public roads.
However, he said the court was mindful of the need to impress upon the general public the consequences of driving in the manner which the applicant had done.
Mr Justice Finnegan said that the court regarded the imposition of a 20-year ban as excessive and because it amounted to an error in principle, would accordingly substitute it with a disqualification order of ten years to date from today.
