The driver of a stolen car who knocked down and killed a mother-of-three was freed by the Court of Criminal Appeal yesterday having served six years of a ten-year sentence.
The court suspended the remainder of the term imposed on James Carey on his entering a bond of €100 to keep the peace and be of good behaviour.
Mr Carey (26) fomerly of Riverstown, Glanmire, Co Cork, had admitted the manslaughter of Ms June Atkins (41), of Lower Pouladuff Road, Cork, on December 13th 1998 and was jailed in 1999 for ten years.
When his sentence came up for review on April 27th last year the trial judge refused to reduce the sentence after asking Mr John Atkins, husband of Ms Atkins, for his view on the ten-year sentence.
The trial judge also told Mr Atkins at that time that a judge would often suspend the balance of the sentence at the review stage. Mr Atkins had replied: "My view is that ten years should be ten years".
In his appeal against severity of sentence, a central ground was that the question posed by the trial judge to Mr Atkins was not proper.
Giving the court's decision today, Mr Justice Hardiman, presiding and sitting with Mr Justice Budd and Mr Justice MacMenamin said the death of Ms Atkins arose after Mr Carey had stolen a car.
Mr Carey had driven recklessly and killed Ms Atkins instantly while she was crossing the road. There were other people in the car at the time.
Ms Atkins was accompanied by her husband at the time of the killing.
Mr Justice Hardiman said the court was satisfied the question asked by the judge at the review was not a proper one.
The selection of penalties was in many cases a part of the judicial function reserved to the judge and the question was unfair, he said. The court allowed the appeal and suspend the balance of the sentence.