People (Attorney General) v Duffy

 
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1965 WJSC-CCA 403

COURT OF CRIMINAL APPEAL

(7-1970)
PEOPLE (ATTORNEY GENERAL) v. DUFFY
THE PEOPLE (ATTORNEY GENERAL)
v.
THOMAS DUFFY
17th April 1970
1

The application to vary the sentence herein must fail.

2

The applicant was arranged before the Central Criminal Court in the Hilary Term of 1970 on three courts relating to the death of one Patrick Mansfield killed when run down by the motor-lorry driven by the applicant at Mulhuddart in the County of Dublin. He was charged on court 1 with manslaughter on count 2 with dangerous driving contrary to Section 53 of the Road Traffic Act1961in that he drove at a dangerous speed and on the third count a like charge was preferred relating to the manner of his driving. On arraignment the applicant pleaded guilty to count No. 2. This plea was accepted by the prosecution who entered a nolle prose???query?????? to Counts 1 and 3.

3

The applicant was sentenced to 18 months imprisonment. Certificate for leave to appeal was refused by the learned trial Judge and the applicant now applies to this Court for leave to appeal against the sentence and he also applies for variation of the disqualification for holding a driver's licence hereinafter mentioned.

4

The Court has read the pre-trial statements of intended evidence which, as the transcript shows, were also consulted by the learned trial Judge. The evidence, in the judgment of this Court, disclosed a very serious case of furious driving for which no acceptable extenuation has been forthcoming and the Court does not feel justified in interfering with the sentence of imprisonment imposed by the trial Judge.

5

In virtue of section 26 of the Road Traffic Act1961disqualification for holding a driving licence must follow the applicant's conviction. The learned trial Judge disqualified the applicant for life in respect of vehicles classified in the regulation made by the Minister under Section 42 of the Road Traffic Act,1961, as classee "D" and "E" and in respect of licence to drive ordinary motor care disqualified him for five years from the 86th of January, 1970. Having regard to the applicant's bla???query?????? motoring record until the fatal occasion with which the Court is concerned, the Court is of opinion that the disqualification for life in respect of...

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