Is there any possibility of jail time here

lmk123

A person takes a vehicle without the owners knowledge (I gather the intention was to have it returned before the owner knew it was gone). The person drives around a bend on the wrong side of the road hitting a car with 2 elderly passengers, car wrote off and passengers injured and trapped in car. The person then drove off but is caught a few miles down the road. Is there any hope of jail time for this piece of s**t

Peregrinus

There's a slew of offences committed here, several of which can attract a prison sentence.

We've no way of knowing how likely a prison sentence is in this particular case, because your account leaves out a slew of highly relevant information.

So, imagine you're the defence counsel in this case. Now tell us all the facts, and all the circumstances, in this case that might suggest the offender should be leniently dealt with. Don't leave anything out.

lmk123

I don’t know the driver / the drivers personal circumstances so I’m afraid I don’t know what a barrister could use in their favour. I’m guessing they could do the usual, the driver is young and had a difficult childhood rubbish

Peregrinus

Why did he take the car? Was their any relationship or connection between him and the owner? Did he think he had the owner's permission, or that he would get permission if he sought it? If so, was that a reasonable thing for him to think? Did he break into the car and hotwire it, or did he have access to the keys? Legitimate access?

Where was he going, and why? Was he addressing some kind of emergency? Was there anyone else in the car? Why was he on the wrong side of the road?

How badly injured were the passengers in the other car? (This is the big factor — if they were seriously injured then he could be looking at a charge of dangerous driving causing serious bodily harm. That attracts a much heavier maximum sentence than any of the other offences in this sorry tale.)

Other possible aggravating factors — drink, drugs, driving while disqualified, driving uninsured? Speeding?

Why did he leave the scene of the accident?

Is he an adult — i.e. over 18?

Has he prior convictions? If so, for what?

More often than not, an episode involving theft, joyriding, accident and injury to others does attract a custodial sentence. But "more often than not" is not much of a guide to what will happen in a case where we don't know most of the relevant facts and circumstances — in particular how seriously the victims were injured, whether the offender is a juvenile or an adult, and whether the offender has prior form.

JVince

Prison is not the only option and in many cases its the worst option.

Whilst you and many will look for "punishment", a judge will see what options are available to avoid the person becoming a repeat offender.

I'd love to see a lot more suspended sentences rather than just community service. Even community service suspension or the possibility of a conviction being vacated after 3 or 5 years. Effectively a carrot and stick approach. A week in prison to have a taste of what it is might also be warranted in combination with the suspended sentence

The OP scenario seems to be a juvenile. Possibly known to the person he took the car from. Could be a first offence. Unlikely to have a prison sentence where he'd simply be stuck in a "club" of offenders.

lmk123

not a juvenile, has been in trouble already with the Guards a few times but not sure if the driver has convictions or not, not known to the other people, they were not seriously injured, I don’t know how the driver got access to / took the other vehicle

z80CPU

No possibility of Jail Time for the subjects in this thread. Prisoners are being transferred over and back from Prisons and let out on temporary release even for serious crime because there because the jails are chock full.

lmk123

https://www.boards.ie/discussion/comment/123695792#Comment_123695792

Unfortunately I think you’re 100% right. Thankfully I have no experience to base my opinion on, I’m more basing it on what I read and see in the media regarding light sentences and people getting released very early into a sentence. I just wanted to get the views of people here that might have real life experience

pfftdetail

He is either going to get a 1) suspended sentence or 2) jail time for X amount where he will show up to the prison and be turned down by the governor as the prisons are full.

At maximum, he will spend a few days / weeks in custody before being released.

lmk123

https://www.boards.ie/discussion/comment/123712297#Comment_123712297

I hope you’re right because he’s so stupid and such a scumbag he will 100% do something to activate the sentence if he gets a suspended one