Dangerous driving sentence overturned

James O'Reilly, whom the court found had shown "genuine remorse" and was "highly unlikely to re-offend", also remains disqualified from driving for six years.

O'Reilly (aged 30), a father of one, Tower Court, Westgate, Wexford pleaded guilty in October 2006 to dangerous driving causing the death of Mr Ian Rossiter, a back seat passenger in O'Reilly's car, at Townspark, Coolcotts Lane on January 9, 2005 after the car he was driving collided into a wall.

Judge Alice Doyle sentenced O'Reilly to a total of five years in jail but suspended the entirety of that term on certain conditions. She also banned him from driving for six years.

The DPP appealed the sentence to the CCA on grounds that it was unduly lenient.

The DPP argued the sentence failed to have sufficient regard to the evidence that O'Reilly had been driving dangerously, was over the legal drink driving limit, and was uninsured at the time of the accident.

In a reserved judgment today, the three judge CCA, with Mr Justice Nicholas Kearns presiding and sitting with Mr Justice Roderick Murphy and Mr Justice John MacMenamin, said the appeal court would set aside the five-year suspended term and instead direct that O'Reilly carry out 240 hours of community service.

The six year driving ban would stand.

Mr Justice Kearns said this was an unusual case and the imposition of a community service order was appropriate. O'Reilly would be able to carry out the 240 hours service at a local football club, he said.

Mr Justice Kearns said sentences are imposed "to punish and deter offenders from re offending" and all the evidence before the court was that O'Reilly "was highly unlikely to re-offend".

He said the CCA was satisfied the original sentence should be quashed and replaced with one which would be "a plainly visible form of deterrence" for other road users in the locality where the offence occurred, and where all the affected parties live.

He said the CCA believed the original sentence met only the requirements of "personal deterrence" insofar as O'Reilly was concerned and did not satisfy the requirement for general deterrence which, the CCA believed "should constitute an element of sentencing policy in cases of this nature".

The CCA believed the trial judge erred in failing to attach due weight to the consideration of general deterrence.

However, Mr Justice Kearns added, the facts of this particular case did not suggest it was an appropriate one for the CCA to lay down general guidelines as it lacked many of the features normally associated with drink driving offences.

The court would confine himself to stating that, where the offence of dangerous driving causing death is aggravated by an additional factor, the sentence imposed should include an element of general deterrence.

The judge noted that O'Reilly had apologised to the Rossiter family, shown genuine remorse and had himself suffered physical injuries and was hospitalised for several weeks as a result of the crash. He also suffered from depression.

The court noted that, on the night of the incident, O'Reilly had attended a family function at a local hotel, and had a few drinks.

He then went back to his girlfriend's house, and, shortly after midnight, drove her car to a fast food restaurant.

En route O'Reilly stopped to offer a group of friends, including Mr Rossiter, a lift home. He later lost control of the car he was driving.

The car had crossed the centre of the road, glanced off another car travelling in the opposite direction and, after returning to the correct side, hit a wall.

O'Reilly admitted to Gardaí that he drove after consuming alcohol and was uninsured. He fully cooperated with the Gardai and had no previous convictions, the court noted.