'Thuggish' farmer who killed elderly aunt has sentence reduced

Remorse, lack of previous convictions, long work history, status as a family man, and his low risk of reoffending were taken into account

Michael Scott had been sentenced to six years in prison by Ms Justice Caroline Biggs at the Central Criminal Court but appealed the severity of that penalty.  File Picture: Sasko Lazarov

A farmer who acted in a "thuggish" manner towards his elderly aunt, before causing her death by driving over her in an agricultural teleporter, has had his sentence reduced by 18 months following a successful appeal.

Mr Justice Brian O'Moore on Wednesday said that Michael Scott's negligent behaviour in driving the teleporter outside victim Chrissie Treacy's home without keeping a proper lookout warranted a headline sentence of six years.

He further reduced the sentence to four years and six months after considering Scott's remorse, lack of previous convictions, long work history, status as a family man, and his low risk of reoffending.

Scott had been sentenced to six years in prison by Ms Justice Caroline Biggs at the Central Criminal Court but appealed the severity of that penalty. 

Following Wednesday's judgment, Scott became tearful as he embraced members of his family before being taken away to continue serving his sentence.

Scott, aged 61, of Gortanumera, Portumna, Co Galway, was initially charged with murdering his aunt Christina 'Chrissie' Treacy, 76, outside her home in Derryhiney, Portumna, Co Galway on April 27, 2018. 

Chrissie Treacy with her dog Bradley. File Picture: Collins Courts

A jury found him not guilty of murder but guilty of manslaughter on the basis of gross negligence.

At the Court of Appeal, Mr Justice O'Moore said the aggravating factors were that Scott's view through the rear window of the teleporter was obstructed by dirt, a mirror was missing, and he did not keep a proper lookout while reversing across a yard outside his aunt's home. 

He also noted Scott's previous behaviour towards his aunt, which he described as ranging from "unacceptable to thuggish".

However, he disagreed with Ms Justice Biggs's finding that Scott's offending warranted a headline sentence of eight years. 

He found that this was an error and quashed the sentence before imposing the new sentence, which he backdated to June 12, 2023.

In February, Michael Bowman, for Scott, told the court that his client's conviction came on the basis that he had failed to keep a proper lookout or use proper caution while reversing across the yard outside Ms Treacy's home.

Mr Bowman argued that given all the circumstances, the eight-year headline sentence identified by Ms Justice Biggs was too high. 

He said the judge had made an error by putting the case at the higher end of the mid-range for manslaughter type offences.

However, Dean Kelly, senior counsel for the DPP, had argued that the judge properly used her discretion in arriving at the headline sentence. 

The only disagreement he would have, he said, was that Ms Justice Biggs had given Scott too much benefit when she reduced the eight-year headline sentence to six years.