DPP v Brett

JurisdictionIreland
JudgeHogan J.,Sheehan J.
Judgment Date18 December 2014
Neutral Citation[2014] IECA 48
Docket Number[104/12]
CourtCourt of Appeal (Ireland)
Date18 December 2014

[2014] IECA 48

THE COURT OF APPEAL

The President

Sheehan J.

Hogan J.

[104/12]

Between
The People at the Suit of the Director of Public Prosecutions
Respondent
and
Gerard Brett
Appellant

Sentencing – Vehicular manslaughter – Mitigating factors – Appellant seeking to appeal against sentence – Whether trial judge fell into error by insufficiently appreciating and evaluating the mitigating factors

Facts: The appellant, Mr Brett, in January 2010, drove when he was drunk and as a result caused the death of Mr Brady who was crossing the road. In those circumstances, the trial judge took a serious view of the case. There were mitigating elements in the case including the appellant”s guilty plea. The trial judge was satisfied that there was genuine remorse. The appellant had lived a life of unblemished reputation. The appellant also had a serious health condition, principally, he had kidney trouble which required dialysis three times every week. He also had eye problems. The appellant appealed to the Court of Appeal against his sentence. The case was made in the Court below that if Mr Brett were to be sentenced to a jail sentence, his renal difficulties, with the need for regular dialysis, plus his vision impairment, would cause him particular difficulties. Before Mr Brett was granted bail he had spent some seven weeks in custody already, so he had served something of a jail sentence.

Held by the President that the trial judge did fall into error by insufficiently appreciating and evaluating the quite extraordinarily unusual health issues. The Court of Appeal held that the appellant”s health condition and anticipated lifespan were relevant matters to be considered in the mitigation of the crime and they were also relevant in considering how he would be able to cope with a prison sentence. The Court was satisfied that the trial judge did err in principle and that in the quite extraordinarily unusual circumstances it was appropriate to suspend the balance of the sentence over and above what Mr Brett had already served in jail.

The President held that the conviction and disqualification should be endorsed; the appellant would be disqualified for a period of three years from 2012. The Court suspended the sentence on condition that the appellant keeps the peace and be of good behaviour and not apply for a Driving Licence. The Court suspended the sentence for 18 months.

Appeal allowed.

1

This is an unusual and very sad case. It is a serious case.

2

The accident happened on 21st January 2010. The accident happened at Portrane, County Dublin. The accused had been for many years a person of unblemished character and reputation and he worked as a psychiatric nurse in Portrane. But on this occasion, he did not behave in unblemished fashion; he drove when he was drunk. As a result of that, he caused the death of Mr. Benedict Brady who was crossing the road. That happened because the accused man decided to drive when he was drunk.

3

The evidence is that his car was weaving across the road before the accident. It is true, indeed, that the evidence does not disclose excessive speed. That, in fairness, does distinguish the case from many other instances of dangerous driving and dangerous driving causing death. Having said that, it was driving at a...

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1 cases
  • DPP v Mahon
    • Ireland
    • Supreme Court
    • 11 Abril 2019
    ...judge having imposed a sentence of one and half years. The Court of Criminal Appeal upheld this sentence. 73 The People (DPP) v Brett [2014] IECA 48 was a case involving vehicular manslaughter, where the accused had knocked the victim down while drunk driving. His guilty plea and genuine re......

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