20-year road ban halved on appeal
Daryl Lordan, aged 20, was sentenced to three years with 18 months suspended by Judge Seán Ó Donnabháin after pleading guilty to dangerous driving causing the death of Robert Condon, aged 21, at Pewterhole Cross, Ardbrack, Kinsale, on August 16, 2009. He was also disqualified from driving for 20 years.
The court heard that Lordan was “very drunk” when intercepted by gardaí.
Tom Creed SC, for the applicant, told the court that the sentencing judge failed to give proper consideration to the extent of the punishment handed down and failed to meet his obligation to act judicially when considering Lordan’s unique personal circumstances. He said that the 20-year ban had far-reaching consequences for Lordan’s chosen career as an agricultural contractor.
Mr Creed said the court should have regard to the fact that the Condon family had written a “very noble” letter, in which they stated that while they wanted justice to be served, in Robert’s memory, they did not want two lives ruined and wished for Lordan to move on and have a life.
Mr Justice Joseph Finnegan, presiding at the Court of Criminal Appeal, said that the 20-year driving ban was “particularly harsh” given Lordan’s chosen path in life as an agricultural contractor, which involved driving heavy machinery for considerable distances and often on public roads.
Mr Justice Finnegan said that the court regarded the imposition of a 20-year ban as excessive and because it amounted to an error in principle, would accordingly substitute it with a disqualification order of 10 years.