Leitrim man’s dangerous driving after 21st birthday party left friend in vegetative state

A man whose dangerous driving led to a road accident which left his friend in a vegetative state with “devastating” injuries has been jailed for 40 months.

John Dowling (23) was slightly over the drink-driving limit after leaving a pub where he had been celebrating his 21st birthday with friends in 2017.

While driving home he exceeded the speed limit when overtaking another vehicle, hit the kerb and lost control of the car, hitting a tree and wall.

The main impact was on the passenger side of the car where his friend Mark Kelly was sitting. Mr Kelly sustained serious injuries, has not regained consciousness and remains in a vegetative state.

Dowling, of Ros Airgih, Liscarra, Carrick On Shannon, Co Leitrim pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious bodily harm to Mr Kelly at Drynam Road, Swords on August 19, 2017.

He has two previous convictions, one for drink driving in this case for which he received a six month driving ban, and a prior conviction for driving without insurance.

Judge Martin Nolan said this was a tragic case in which Mr Kelly had sustained very serious injuries from which he will not recover greatly. He noted Mr Kelly's family had been devastated by what had occurred and they blamed Dowling for his actions on the night.

“No matter what happens, there is no recovery for this young man and this is an ongoing source of severe trauma for the family,” said Judge Nolan. “It is a tragedy for this family, a tragedy for everyone involved.”

Judge Nolan said dangerous driving was an “elastic” offence ranging from the mundane to the very serious. “All drivers are capable of the act of dangerous driving by inattention,” he said.

He said what the court punishes are the aggravating factors - the intentional behaviour on the part of a defendant which lessens their ability to control the car

The judge said Dowling had been over the drink-driving limit, there were indications of excessive speed and a further slightly aggravating factor was the lack of insurance on the date.

He noted in mitigation that Dowling had pleaded guilty, co-operated with gardai, made useful admissions and did not have a serious record of conviction. He said Dowling was well capable of reform and chances are he would not re-offend to this degree in the future.

He said he had no doubt Dowling was remorseful and was a man of conscience but said it was a “serious misjudgement” and he must impose a custodial sentence.

Judge Nolan set a headline sentence of five to six years for the offence and, taking into account the mitigating factors, imposed a sentence of 40 months. The maximum sentence is 10 years.

Victim impact statements from Mr Kelly's family were handed into the judge.