DPP v Eric Ryan Jnr
| Jurisdiction | Ireland |
| Judge | Mr. Justice Mahon |
| Judgment Date | 06 February 2017 |
| Neutral Citation | [2017] IECA 31 |
| Docket Number | Record No. 136CJA/16 |
| Court | Court of Appeal (Ireland) |
| Date | 06 February 2017 |
In the Matter of an Application Pursuant to s. 2 of the Criminal Justice Act 1993
[2017] IECA 31
Birmingham J.
Birmingham J.
Sheehan J.
Mahon J.
Record No. 136CJA/16
THE COURT OF APPEAL
Sentencing – Dangerous driving causing injury – Undue leniency – Appellant seeking review of sentence – Whether sentence was unduly lenient
Facts: The respondent, Mr Ryan, pleaded guilty and was convicted at the Circuit Criminal Court sitting in Dublin on the 4th May, 2016, of one count of dangerous driving causing injury, contrary to s. 53 of the Road Traffic Act 1961 and one count of failing to offer assistance, contrary to s. 106 of the 1961 Act. A further three less serious road traffic offences were taken into consideration. The plea of guilty was entered some four months previously. In respect of count 1, the respondent received a fully suspended three year prison sentence and a driving disqualification for a period of four years. In relation to the second count, the respondent was ordered to carry out one hundred hours of community service in lieu of a four month prison sentence. That community service was subsequently completed. The appellant, the DPP, sought a review of the suspended three year sentence imposed in respect of the first count on the grounds that it was unduly lenient, pursuant to s. 2 of the Criminal Justice Act 1993. The appellant contended that undue weight was given to the acknowledged mitigating factors, and that insufficient weight was accorded to the aggravating factors. It is also contended that the sentencing judge failed to attach sufficient weight to the significant nature of the injuries sustained by a Ms Neylon.
Held by the Court that a fully suspended three year sentence was unduly lenient. Notwithstanding the strong mitigating factors and, not least, the respondent’s young age at the time and the fact that his actions were heavily influenced by his father, the Court held that the particular circumstances of the events of 6th January 2015, and especially the devastating injuries caused to Ms Neylon, required a sentence which included a custodial element in the region of twelve months. The Court had to consider if, having regard to the fact that eight months had passed since the sentence date during which time the respondent continued to enjoy his liberty, the imposition of a custodial element, albeit one of less than twelve months, would satisfy the requirement for justice and would not be unduly harsh. The Court held that it was necessary to weigh in the balance whether the public interest would best be served by directing the respondent to serve a custodial sentence, with all the risk attendant upon a young first time offender spending time in prison.
The Court held that the public interest would not be best served by sending the respondent to prison. Instead the Court re-imposed a three year sentence, and suspended the entire of same for a period of three years on the conditions that: (i) the respondent enter into a bond in the sum of €100 to keep the peace and be of good behaviour for a period of three years, (ii) pay €50 per week from 18th January 2017 for seventy two weeks to National Rehabilitation Hospital, Dun Laoghaire, County Dublin, (iii) undertake to provide community service under the direction of Mr O’Neill, school principal, and (iv) remain under the supervision of the Probation Service for eighteen months and to cooperate with the requests and requirements of the Probation Service.
Appeal allowed.
The respondent pleaded guilty and was convicted at the Circuit Criminal Court sitting in Dublin on the 4th May, 2016, of one count of dangerous driving causing injury, contrary to s. 53 of the Road Traffic Act 1961 and one count of failing to offer assistance, contrary to s. 106 of the Road Traffic Act 1961. A further three less serious road traffic offences were taken into consideration. The plea of guilty was entered some four months previously. In respect of count No. 1, the respondent received a fully suspended three year prison sentence and a driving disqualification for a period of four years. In relation to the second count, the respondent was ordered to carry out one hundred hours of community service in lieu of a four month prison sentence. That community service has been completed.
The appellant seeks a review of the suspended three year sentence imposed in respect of the first count on the grounds that it was unduly lenient, pursuant to s. 2 of the Criminal Justice Act 1993.
On the 6th February, 2015, the respondent, who was then aged almost eighteen years and the holder of a provisional driving licence, was driving his father's motor car with his father as a front seat passenger, at the junction of Clanbrassil Street and the South Circular Road in Dublin, when he collided with another vehicle crossing the junction and which had the right of way, causing his car to spin around and collide with a young woman, Ms. Eve Neylon who was lawfully crossing the road, seriously injuring her.
At the time of the accident, the respondent was driving in darkness without lights at an excessive speed, estimated at between 50 and 60 km/h, and while under the influence of alcohol. The respondent's father was more heavily intoxicated and prevailed upon the respondent to walk away from the scene of the accident. They were arrested a short time later in the vicinity of St. James Hospital. At the time the respondent claimed that he was unaware that he had struck a pedestrian.
Ms. Neylon was very seriously injured. She was propelled under the wheel of a bus which was stationary at traffic lights, and her immediate fear was that the bus would drive away and kill her in so doing. Her main injuries included fractures of her right hip and her right tibia. She has undergone surgery on a number of occasions since the accident. She continues to complain of a right foot drop, a limp in her right leg, pain in her coccyx, pain and aching in her right hip, knee and ankle, a numb right foot and numbness in the sites of scarring. She has significant scarring on her stomach, knee, tibia and ankle. She has early signs of degenerative arthritis in her right hip. As set out in her detailed victim impact statement, the consequences of these injuries for Ms. Neylon have been devastating and life altering. She has ongoing pain and discomfort and has suffered huge loss of confidence. She has significant complaints relating to her ability to perform ordinary daily tasks and activities and is concerned about the effect of some of her injuries on childbirth. She is currently aged 32 years. She has been forced to give up her chosen career, a fact which greatly distresses her. Her inability to fully earn her living and the consequential imposition of additional living costs on her partner has forced both of them to emigrate to Australia.
Section 2 of the Criminal Justice Act 1993 , provides as follows:-
‘(1) If...
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