DPP v Coleman

• Jurisdiction: Ireland
• Judge: Mr. Justice Sheehan
• Judgment Date: 23 February 2017
• Neutral Citation: [2017] IECA 40
• Date: 23 February 2017
• Court: Court of Appeal (Ireland)
• Docket Number: 185CJA/16

[2017] IECA 40

THE COURT OF APPEAL

Sheehan J.

Sheehan J.

Mahon J.

Edwards J.

185CJA/16

The People at the Suit of the Director of Public Prosecutions

Respondent

V

Christopher Coleman

Appellant

Sentencing – Dangerous driving causing death – Undue leniency – Appellant seeking review of sentence – Whether sentence was unduly lenient

Facts: The appellant, the DPP, applied to the Court of Appeal pursuant to s. 2 of the Criminal Justice Act 1993 for a review of the sentence of two and half years imprisonment imposed on the respondent, Mr Coleman, at the Dublin Circuit Criminal Court on the 23rd June, 2016, for the offence of dangerous driving causing the death of one Mr Maher on the 30th June, 2015. The appellant was also disqualified from driving for a period of fifteen years. The DPP submitted that the sentencing judge fell into significant error in holding that the offence was at the lower end of the medium band of offending and erred having taken the aggravating factors into account when she identified a sentence of four years imprisonment as the appropriate headline sentence. In support of this submission, she relied in part on the judgment of this Court in DPP v Sean Casey (No. 2) [2015] IECA, in which the court identified seven years imprisonment as the appropriate starting point given the particular circumstances of that case.

Held by the Court that the headline sentence in this case was too low and therefore unduly lenient. The Court’s primary reason for arriving at that conclusion was the aggravating factors in the case namely, the speed, the breaking of the red traffic lights, driving whilst disqualified and leaving the scene. The Court held that six years imprisonment was the appropriate headline sentence.

The Court held that, in view of the exceptional mitigation, it would suspend the final two years and nine months of the six year sentence that it would impose provided the appellant enter into a bond to keep the peace and be of good behaviour for a period of three years following his release from prison. The Court held that the 15 year disqualification would remain in place.

Appeal allowed.

JUDGMENT of the Court delivered on the 23rd day of February 2017 by Mr. Justice Sheehan

1 This is an application by the Director of Public Prosecutions pursuant to s. 2 of the Criminal Justice Act 1993, for a review of the sentence of two and half years imprisonment imposed on the respondent at the Dublin Circuit Criminal Court on the 23rd June, 2016, for the offence of dangerous driving causing the death of Eugene Maher on the 30th June, 2015. The appellant was also disqualified from driving for a period of fifteen years.

2 In order to properly consider this application it is necessary to set out the background to the offence, the personal circumstances of the offender and the judgment of the sentencing judge.

Background

3 Minutes prior to the accident the Golf motor car being driven by the appellant was observed along the route from Dollymount Strand towards the city centre travelling at speed on the wrong side of the road. Immediately prior to the collision the appellant had moved into the bus lane and had overtaken a line of cars which were stopped at traffic lights. He then proceeded through the red lights at speed and collided with Eugene Maher who was crossing the road with his bicycle. The appellant applied the brakes and the handbrake in an attempt to avoid a collision, but was unable to avoid colliding with the deceased man who struck the windscreen before being propelled to the ground.

4 One person got out of the vehicle which stopped for a few seconds, but then re-entered it as it drove off at speed towards the city centre. Following the collision Eugene Maher was left unconscious and was taken to Beaumont Hospital. He had sustained fatal head injuries and was pronounced dead on the 1st July, 2015.

5 The appellant made contact with the gardaí on the 4th July, 2015 and presented at a garda station on the 7th July, 2015, when he was arrested and detained, in the course of which he made admissions.

Effect on victims

6 The sentencing judge received victim impact evidence from the deceased man's daughter Lisa on behalf of her mother, brother and herself. Two further statements were made by the deceased man's sisters. As the sentencing judge stated in the course of her judgment:-

‘The statements convey in very powerful and moving terms the scale of the loss experienced by each of Eugene Maher's family members and his grandchildren. He was without doubt a man in the prime of his life who was the heart and soul of his family. The statements articulate a range of emotions which reflect the abrupt and brutal manner of Mr. Maher's death.’

The personal circumstances of the appellant

7 The appellant is a 27 year old man with fifteen previous convictions. Eight are for driving offences which arose out of a single incident on the 8th February, 2012. A further two offences are for road traffic offences in respect of an incident on the 1st January 2012. The appellant has no previous convictions for dangerous driving but as a consequence of his other offences he had been disqualified from driving for six years and was so disqualified when he committed the present offence. He has never held a driving licence and had been disqualified on three separate occasions since 2010.

8 The sentencing judge had before her a number of impressive testimonials and a positive probation report. In the course of her judgment she noted that the appellant was someone who had been raised under very challenging circumstances in Fatima Mansions and went on to state:-

‘His father was an alcoholic who left the family home when he was eight and his mother was a drug addict. Against the odds the accused himself did not succumb to a life of drugs or alcoholic abuse and road traffic convictions apart he has not led a life characterised by criminal behaviour. The accused is in a very stable relationship with his partner of twelve years. His partner has submitted a letter in which she expresses a mature understanding of the accused's actions and their consequences. She indicated that nonetheless he retains her support.’

9 The sentencing judge went on to refer to the appellant's sense of remorse and to a letter submitted by him to the court and she concluded:-

‘His expressions of remorse echo similar expressions made by him following his arrest and also those made to his probation officer and the court does not doubt the sincerity of those expressions.’

10 The appellant was in full time employment at the time of sentence.

The judgment

11 Having considered a number of authorities the sentencing judge stated:-

‘In determining the sentence, the court has considered a number of legal authorities …. While the authorities are helpful each case must be considered on its own facts and the court must first calculate where on the range of penalties the offence lies. This involves an identification by the court of the fault factors. The fault factor which undoubtedly caused the fatal collision was the speed at which the car was bring driven. The speed was determined to be 70km per hour where a spend limit of 50km per hour applied. The speed was compounded by the use by the accused of the bus lane and by driving through red lights. This was not a fleeting episode of dangerous driving and had commenced at least as far back as the Yacht Public House on Clontarf Road. The collision occurred at 6.30 pm on a Thursday evening and consequently there were numerous motorists along the route who were also exposed to danger.’

12 The sentencing judge went on to note as aggravating factors the fact that the appellant left the scene and was at the time disqualified from driving.

13 Following on from this review the sentencing judge identified a sentence of four years imprisonment as the appropriate...