Drunk driver has sentence reduced from seven to five years

A man who caused the death of a young father and husband by driving dangerously on St Patrick's Day 2010 has had his seven year sentence reduced to five by the Court of Appeal.

James McDonagh (54) with a last address at Drumshanbo, Co Leitrim, had pleaded guilty to a single count of dangerous driving causing death on February 24 2012.

He was sentenced on May 15 2012 to seven years imprisonment with the final 18 months suspended by Judge McCabe at Carrick-on-Shannon Circuit Criminal Court.

President of the Court of Appeal, Mr Justice Seán Ryan said today that McDonagh was drunk when he decided to drive his car; “seriously intoxicated by any standard” and the court heard that he had drank eight pints on the date in question.

Mr Justice Ryan said and McDonagh will have to live with the consequences of his wrongdoing which in this case caused the tragic death of a young father and husband on St Patrick's Day 2010.

Jonathan Gray died when he was struck by a car while walking on the Hilly Road in Drumshanbo on March 17 2010.

McDonagh had left the scene of the accident and initially failed to co-operate with gardaí, Mr Justice Ryan said. He had a previous conviction for drink driving admittedly as far back as 1988.

Against that there were some features of mitigation, Mr Justice Ryan said. It was true that McDonagh had pleaded guilty to the offence which had to be of some bleak consolation to the deceased's family although the scale of their tragedy is not in any way to be underestimated or misunderstood.

That persists and remains for the rest of their lives, the judge said, “so it is a tragic and sad case that we had to deal with”.

Mr Justice Ryan said there were very unfortunate circumstances of the particular accident and how it occurred and it was unnecessary for those to be referred to. “There were extremely unusual and tragic elements of the circumstances of the accident,” he said.

Mr Justice Ryan said McDonagh's sentence was at the highest end of the scale that has been passed down in any case of this kind and the court concluded that the approach taken was, in all the circumstances, in error.

Mr Justice Ryan said the the trial judge erred in principle by beginning at the maximum point of the scale and working downwards. He said the Court of Appeal had the benefit of additional material supplied by counsel including a reference to how McDonagh has got on since the trial and his period of incarceration.

It was worth noting, Mr Justice Ryan said, that McDonagh has indeed set about a rehabilitation regime and is proven to be an enthusiastic worker and he has had some impressive references which augered well, in the court's opinion, for the future.

The Court of Appeal set aside the sentence and imposed a sentence of five years with one suspended years instead of seven with 18 months suspended.

When asked whether he understood, McDonagh replied “yes”.

The court did not interfere with McDonagh's ten year disqualification from driving from May 15 2012.