The Court of Criminal Appeal has overturned a suspended five-year sentence imposed on a man for dangerous driving causing the death of another man and has instead directed him to carry out 240 hours of community service.
The original sentence should have contained an element of general deterrence and publicly doing community service work would provide that element, the court said.
James O'Reilly, whom the court found had shown "genuine remorse" and was "highly unlikely" to reoffend, also remains disqualified from driving for six years.
O'Reilly (30), a father of one, Tower Court, Westgate, Wexford, pleaded guilty in October 2006 to dangerous driving causing the death of Ian Rossiter, a back-seat passenger in his car, at Townspark, Coolcotts Lane, on January 9th, 2005, after the car he was driving crashed into a wall.
Judge Alice Doyle sentenced O'Reilly to five years but suspended the term on certain conditions. She also banned him from driving for six years.
The DPP appealed the sentence to the Court of Criminal Appeal on grounds that it was unduly lenient. The DPP argued that the sentence failed to have sufficient regard to the evidence that O'Reilly had been driving dangerously, was over the legal drink-driving limit and was uninsured.
In a reserved judgment yesterday, the three judge court, with Mr Justice Nicholas Kearns presiding, Mr Justice Roderick Murphy and Mr Justice John MacMenamin, said the appeal court would set aside the five-year suspended term and instead direct that O'Reilly carry out 240 hours of community service. The six-year driving ban would stand.
Mr Justice Kearns said this was an unusual case and the imposition of a community service order was appropriate. O'Reilly would be able to carry out the 240 hours service at a local football club.
Mr Justice Kearns said sentences were imposed "to punish and deter offenders from re- offending" and all the evidence before the court was that O'Reilly "was highly unlikely to re-offend".
The Court of Criminal Appeal believed the trial judge erred in failing to attach due weight to the consideration of general deterrence. However, Mr Justice Kearns added, the facts of this particular case did not suggest it was an appropriate one for the court to lay down general guidelines as it lacked many of the features normally associated with drink-driving offences.
The judge noted that O'Reilly had shown genuine remorse and had himself suffered physical injuries and was in hospital for several weeks as a result of the crash. He also suffered from depression.
On the night of the crash, O'Reilly had attended a family function at a local hotel and had a few drinks. He then went back to his girlfriend's house and, shortly after midnight, drove her car to a fast food restaurant.
On the way, O'Reilly stopped to offer a group of friends, including Mr Rossiter, a lift home. He later lost control of the car he was driving. The car had crossed the centre of the road, glanced off another car travelling in the opposite direction and, after returning to the correct side, hit a wall.
