Time for sentencing guidelines for dangerous driving causing death

Last November, when the Court of Appeal reduced the sentence of Seán Casey, convicted of dangerous driving causing death, it did not take up a suggestion by the Director of Public Prosecutions to set guidelines for such cases.

A three-judge appeal court – made up of Mr Justice Garrett Sheehan, Mr Justice Alan Mahon and Mr Justice John Edwards – reduced Casey’s sentence from seven years to five, with one year suspended.

He had pleaded guilty to causing the death of Megan Johnston (22) and causing serious bodily harm to Kate Petford at Skibbereen on April 8th, 2013.

Speaking on behalf of the Court of Appeal, Mr Justice Sheehan said Casey’s sentence was “out of line with other decided cases”.

He said the sentencing judge “erred in holding that this was at the absolute apex” of the dangerous driving scale.

Although “no two cases are the same”, the judge said, the court considered eight dangerous driving appeals and, in all but two, sentences of below five years were imposed.

He said the principle of proportionality, and the need to reconcile that with the aim of rehabilitation and sentences imposed in other cases, had to be borne in mind. The appropriate starting point was a sentence of seven years, and mitigating circumstances required a reduction to five.

Finbarr O'Rourke was sentenced to 7½ years in prison last November, for dangerous driving causing the death of four-year-old Ciarán Treacy.

Error in principle

In its decision on Monday, the Court of Appeal said it was satisfied the sentencing judge made an error in principle by placing the headline sentence at nine years, primarily because of the absence of a prolonged period of dangerous driving before the crash.

Mr Justice Mahon, with Mr Justice Sheehan and Mr Justice George Birmingham, set a new sentence of eight years, with the final two suspended.

Mr Justice Mahon said it was desirable and appropriate that there be a degree of consistency in sentencing for particular offences.

He also highlighted that the maximum sentence for dangerous driving causing death was 10 years imprisonment, and contrasted that with the UK, where the maximum is 14 years.

The UK maximum was increased in 2004, up from 10 years. But by 2012, data showed no driver had been given the full sentence. And of 255 motorists who went to prison for dangerous driving causing death or bodily harm in 2011, 21 were given less than six months, 104 were jailed for under two years, and 37 got sentences of over five years.

The Court of Appeal has given specific sentencing guidelines for offences including causing serious harm and for the possession of firearms.

Perhaps it is time for specific guidelines for dangerous driving causing death.