Dangerous driving sentence reduced

batman75

I see a while back that a man who knocked down a woman had his sentence reduced from 5-4 years with the final twelve months suspended.

He did have an excellent driving record however he knowingly drove with impaired vision. By this I mean a condition he himself had and not weather conditions. He lied to get his driving license.

I assume the twelve months suspended means he is free after three years.

I feel very sorry for the family of the woman he knocked down. I do appreciate that no amount of time he serves in prison will bring her back. He is banned for life from driving.

How on earth does it get reduced if the material facts haven't changed in the interim. Surely mitigating circumstances are taken into account at the time of the trial?

biko

Sauce https://www.irishtimes.com/news/crime-and-law/courts/visually-impaired-driver-who-killed-woman-has-sentence-reduced-1.4121792

Potential-Monke

That's an unusual one alright. He pleaded not guilty to all charges and was found guilty of all charges. Max sentence is 10 years, and that would be reserved for people who deliberately do it. All the mitigating circumstances that were taken into account by the Judge in the appeal court would give reason to drop it to 5 years, but dropping it further to 4 and suspending the final 12 is a bit mad. Yes, he'd be out after 3, but if he comes to the attention of the Gardai within the suspended 12 months, he'll go back in for 12 more months. Still not enough imo. Thought the 5 years was about right in this case, so no idea where the Judge is coming up with that outcome.

Lying to get his driving licence should have been enough to ensure no appeal imo.

batman75

Potential-Monke wrote: »

That's an unusual one alright. He pleaded not guilty to all charges and was found guilty of all charges. Max sentence is 10 years, and that would be reserved for people who deliberately do it. All the mitigating circumstances that were taken into account by the Judge in the appeal court would give reason to drop it to 5 years, but dropping it further to 4 and suspending the final 12 is a bit mad. Yes, he'd be out after 3, but if he comes to the attention of the Gardai within the suspended 12 months, he'll go back in for 12 more months. Still not enough imo. Thought the 5 years was about right in this case, so no idea where the Judge is coming up with that outcome.

Lying to get his driving licence should have been enough to ensure no appeal imo.

Three thoughts spring to mind regarding this case

1. Anybody who takes to the road does so knowing that accidents can happen. But to take to the road knowing that you have a pre existing condition which would compromise your ability to react to an emergency situation is reckless.
2. To knowingly lie on your driving application is unforgivable. Your claiming a license under a false pretence.
3. His appeal should have not been entertained. If it was my mother he knocked down I would be incensed that he will in effect only serve 3 years having originally gotten 5. That's a 40% reduction on his sentence and all because he had no previous conviction. As this incident showed his lack of previous convictions was sheer luck.

The only saving grace is that he won't be driving ever again.