Man jailed for five and a half years for dangerous driving causing death

By Eimear Dodd

A man who struck a pedestrian with his car and then left the scene has been handed a prison sentence of five and a half years.

Ciaran Dolan (32) of Hayden’s Park, Dale, Lucan, was sent forward from the District Court on signed pleas on one count of dangerous driving causing the death of Edward O’Hara at Peamount Road, Newcastle and failing to offer assistance to Mr O’Hara on January 29, 2022. He has five previous convictions, primarily for road traffic offences.

Imposing sentence, Judge Martin Nolan said it was a “serious matter” to collide with someone and leave them on the side of the road when it would have been obvious that they were seriously injured.

He said Dolan’s behaviour was “very bad” and imposed a sentence of five and a half years.

Garda Sergeant Aidan Carroll told Dublin Circuit Criminal Court that Mr O’Hara was walking along Peamount Road in the direction of Newcastle after socialising with friends.

Mr O’Hara, who was wearing a beige sheepskin jacket, was facing in the direction of oncoming traffic

Dolan was driving a silver Volkswagen Golf towards Newcastle. The car crossed to the wrong side of the road at around 10.44 pm. Mr O’Hara was struck from behind by the front passenger side of the car.

Sgt Carroll agreed with prosecuting counsel that Mr O’Hara was not thrown by the impact, but was carried on the vehicle, which travelled for 118 meters before stopping outside a derelict property on the road.

Dolan then got out of the vehicle, removed Mr O’Hara from the car and left him lying on the ground.

The defendant drove away from the scene, towards the Newcastle junction, where he turned the car around, passed the victim then pulled into a lay-by.

When members of the Dublin Fire Brigade arrived at the scene, Mr O’Hara was found to be in a serious condition. He was taken to Tallaght Hospital but died a short time later.

A post-mortem found bruising to Mr O’Hara consistent with being hit from behind and injuries from his head hitting the windscreen.

Dolan was arrested at the scene, initially on a drug driving charge, as he had failed a preliminary test.

A blood sample was taken at the garda station, and it was found that Dolan was under the influence of cannabis while driving. He made full admissions when interviewed and cooperated with the gardai.

A forensic analysis of the scene concluded that Dolan’s car was on the wrong side of the road when the collision occurred.

It appeared that the car didn’t stop after striking Mr O’Hara, and no brake marks were found leading up to or at the location of the crash.

Road conditions were good, and the weather was dry and clear at the time of the accident.

There was no street lighting or illumination on the road, which also had no footpath. The incident occurred on a stretch of the road which has a number of bends.

A family friend read a victim impact statement from Mr O’Hara’s parents. They described Mr O’Hara as a “much-loved son and brother” who was a great support to them.

They said Mr O’Hara, who was a barrister, had a wide circle of friends and loved animals. Mr O’Hara’s parents said their family is “devastated” and “heartbroken”.

Sgt Carroll agreed with Michael Bowman SC, defending, that his client had apologised to the O’Hara family during interview. His client also admitted to smoking two joints of cannabis during the day.

Mr Bowman said Mr O’Hara “lost his life through no fault of his own”.

He submitted a letter of apology from his client and a number of testimonials to the court.

A psychological report was also handed to the court. Mr Bowman said his client was genuinely remorseful and accepts the inevitability of a custodial sentence.

Mr Bowman said his client behaved in “an atrocious manner” towards Mr O’Hara on the night in question, but had offered a practical expression of remorse through the signed plea.

Judge Nolan said this was a “tragic case” for Mr O’Hara’s parents, who are left without their son. He said Dolan did not intend to kill, but the way he drove that night had caused Mr O’Hara’s death.

Judge Nolan said the aggravating factors include that Dolan took cannabis on the day in question and that he left the scene following the crash.

Judge Nolan noted that Dolan did not immediately stop and take care of Mr O’Hara following the crash, but attempted to escape.

He said Dolan’s behaviour towards Mr O’Hara was “grossly reprehensible” and a prison sentence was “inevitable”.

Judge Nolan noted that the mitigating factors include Dolan’s signed pleas, his work history and expressions of remorse.
Judge Nolan also disqualified Dolan from driving for five years.