DPP v Cully

 
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[2014] IECA 11

THE COURT OF APPEAL

Finlay Geoghegan, J.

Peart, J.

Mahon, J.

[Appeal No.]
DPP v Cully
Between/
The People at the Suit of the Director of Public Prosecutions
V
John Cully
Appellant

72/2014 - Finlay Geoghegan Peart Mahon - Court of Appeal - 13/11/2014 - 2014 14 3826 2014 IECA 11

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S13

GILLIGAN v IRELAND & ORS UNREP SUPREME 14.10.2013 2013/21/6303 2013 IESC 45

Sentencing – Driving Offences – s. 13 of the Non Fatal Offences Against the Person Act 1997 – Aggravating Factors

Facts: The appellant sought a reduction in his sentence of eight years arising from two dangerous driving offences. The appellant was charged under s. 13 of the Non Fatal Offences Against the Person Act 1997. The trial judge had directed that his two four year sentences be consecutive. It meant that the total period of imprisonment would be six years. The last two years of the appellant”s sentence was to be suspended upon certain conditions. The appellant contended that the overall sentence was excessive in light of his guilty plea, apology and the fact he was suffering from serious health problems.

Ruling: The court determined that there were a number of serious aggravating factors in the case including extremely dangerous and reckless riving. The incident had resulted in two Gardaí being injured, the appellant had tried to escape arrest and the second offence had been committed while on bail. As a result the appeal was dismissed because there were no errors of principle and the sentence that had been imposed by the Trial judge was reasonable and appropriate.

13

13th day of November 2014 by Mr. Justice Mahon

1

1. The appellant in this case seeks a reduction in sentences totalling eight years in prison, (with the final two years suspended on certain conditions) arising from the commission of two very serious offences involving large vehicles being driven by him in a very dangerous manner and which resulted in the appellant facing two separate charges under s. 13 of the Non Fatal Offences Against the Person Act 1997 in relation to two separate incidents which occurred less than eight months apart.

2

2. The first of these occurred on the 31 st October 2011 at Blackditch Road, Ballyfermot when the appellant drove a large jeep directly at a garda car causing a very violent collision, after which he sped away, only to lose control of his vehicle and crashing it into a gate pillar, whereupon he was arrested following a violent struggle. The two occupants of the garda car were injured, with one off work for thirty one days and the other is still off work over two years later. The appellant was duly charged under s. 13 of the Non Fatal Offences Against the Person Act 1997....

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