A man previously facing a lifetime driving ban following his role in a fatal 2008 crash has had his sentence significantly reduced. The Court of Appeal changed his sentence to a driving disqualification lasting two decades. Brian Kelly, aged 43 and hailing from St Brigid’s Place, Portlaoise, initially received a suspended two-year jail term in December 2009 after admitting his dangerous driving led to the death of Claire Hennessy, who was only 24 years old.
Kelly, who was 26 during the time of the accident, appealed his sentence, stating that the lifetime disqualification was erroneous. The fatal accident was majorly attributed to speed and alcohol, according to a Garda forensic collision report.
The appeal was delivered by Ms Justice Tara Burns on a Monday. She mentioned that typically, lifetime disqualifications are enforced in situations with repeated offences, which didn’t occur in Kelly’s case. Thus, the original sentencing was believed to be in error. If the appeal had been filed soon after the incident, Kelly would have been likely imprisoned. However, as nearly 16 years have passed since the accident, imprisoning Kelly at this point would only be unfair, according to Ms Justice Burns.
A trio of judges overturned a perpetual ban on driving and replaced it with a 20-year disqualification for Kelly. Subsequently, they revised his sentence to a two-year incarceration, with a mandatory suspension for the same duration. Detailing the case history, Justice Burns disclosed that Kelly had imbibed alcohol within his home on the evening of October 17th, 2008. During this time, a congregation of associates, inclusive of Ms Hennessy, paid a visit to his residence. Subsequently, he offered to drive Ms Hennessy to a petrol station to buy smoke sticks.
Whilst returning, Kelly bypassed the entrance to his domicile’s estate. Soon after, his automobile veered to the opposing lane and climbed the pavement while approaching a left curve, where the imposed speed limit was 50km/h. The car hovered in mid-air for a while, finally crashing into a block of residential flats. Ms Hennessy was unresponsive at the scene, leading to her unfortunate demise.
Following the accident, Kelly, also grievously injured, interacted with police officers who noted the scent of alcohol. Blood tests indicated an alcohol concentration of 172mg per 100ml of blood. Local inhabitants recounted the deafening sound of a vehicle’s engine, followed by a loud crash.
Post-arrest, Kelly, during interrogations, was unable to remember the exact circumstances leading up to the accident but accepted his alcohol consumption. He also affirmed that he had taken decesased to buy cigarettes.
Kelly’s legal representative, Colm Hennessy BL, protested that the lifelong driving ban obstructed the client’s ongoing recovery. Initially, it was argued that the ban was excessively inhibiting, essentially becoming an eternal penalty hence, it was erroneous in principle.
Countering this argument, Will Fennelly BL, speaking on behalf of the Director of Public Prosecutions, declared that meddling with the irrevocable ban skew the sentence’s balance leading to disproportionate leniency.