By Fiona Ferguson
A 73-year-old woman whose car collided with a pedestrian following a momentary lapse in concentration has been given a suspended sentence.
Dublin Circuit Criminal Court heard that Margaret Casey was preoccupied and upset following a hospital visit to her brother when she momentarily lost control of her car after striking the kerb.
She hit a pedestrian who suffered serious injuries but has since made a significant recovery.
The man did not wish to make a victim impact statement, saying Casey had been through enough.
Defence counsel said it was a case which “hammers home to the public the requirement to maintain full concentration at all times” because of the tragic consequences a lack of control can have.
Casey of Wesley Lawns, Sandyford, pleaded guilty to dangerous driving causing serious bodily harm at Orwell Road, Rathgar, Dublin 11, on June 17, 2023. She has no previous convictions.
Passing sentence on Friday, Judge Orla Crowe said it was a very unusual case.
She noted the court had seen documents outlining how deeply unwell Casey’s brother was at the time and that she had been on her way home from a difficult medical situation.
She said Casey had a “momentary lapse” and veered onto the footpath, mounting the kerb.
She attempted to take evasive action, but it was too late.
She said Casey had been momentarily distracted resulting in terrible consequences for which she is very remorseful.
She noted she had stayed at the scene, fully co-operated with gardai, and no other aggravating factors such as intoxication, speed, or phone use were present.
The judge noted the very significant injuries caused to the pedestrian.
Judge Crowe said letters before the court speak to the woman Casey is and she had never had any other adverse attention.
She noted how stressful the situation has been.
The judge said that sometimes the process of being prosecuted constitutes a penalty.
Judge Crowe set a headline sentence of two years imprisonment and in light of the mitigating and personal circumstances she imposed a 12-month sentence fully suspended for two years.
The offence also carries a mandatory four-year driving disqualification.
Garda Jennifer Burns told Oisin Clarke BL, prosecuting, that at approximately 4 pm a car driven by Casey mounted a kerb on the Orwell Road, Rathgar, and collided with a pedestrian on the footpath.
The road was very narrow at the point of collision, with little room for deviation.
Casey, who had remained at the scene and co-operated with gardai, gave a voluntary statement the following month.
She fully accepted her role in the incident. She said she believed her car hit the kerb and she lost momentary control of the vehicle.
Casey became upset when shown the CCTV.
The court heard the car was in perfect working order, and samples taken from Casey were negative.
Casey sent a letter of apology to the Director of Public Prosecutions in which she outlined her immense anguish and deep sorrow for the injuries caused to the pedestrian.
She said she would pray for his recovery.
The pedestrian, a man in his sixties, suffered a fractured jaw, as well as injuries to his skull, ribs and neck. He spent five days in hospital.
The court heard the man, who did not wish to prepare a victim impact statement, thinks Casey has been through enough.
He has “significantly recovered” from his injuries.
Gda Burns agreed with David Staunton BL, defending, that just prior to the point of impact the car had drifted to the edge of the footpath and right before impact Casey corrected it, trying to move back out, but she was unable to do so without the front portion of the car striking the pedestrian.
The garda agreed with counsel that the case involved a momentary lack of concentration and that Casey’s behaviour at the scene had been “exemplary.”
The garda agreed that Casey had not wished to prolong the case and did not contest any matter.
Mr Staunton said this was a case involving two decent people of a similar age going about their business, but their paths cross in tragic circumstances, which Casey knows is down to her.
He said it was a simple case of lack of concentration with tragic consequences, and none of the “classic” aggravating circumstances were present.
Mr Staunton said Casey was devasted by the case.
He said she did not wish to pursue any other paths and sought to deal with the case as efficiently and appropriately as she could.
Counsel said Casey, a retired teacher, was a very private individual with “a family to be proud of.”
He said she had lived a full life and contributed to her community and charity across the board.
Letters before the court spoke to the character and manner in which she has led her life.
Mr Staunton said that, at her age, the last place she had ever expected to be sitting was in this courtroom.
He asked the court to take into account documents before the court outlining her brother’s illness and the immense level of commitment she has to his care.
He asked the court to take into account that the mandatory loss of her licence would be profound as she is involved in her brother’s care.