Suspended sentence for driver who knocked over woman in her 80s

By Eimear Dodd

A driver struck a woman in her 80s while she was crossing the road, has been directed to complete 100 hours of community service, in lieu of a prison sentence of nine months.

The victim, a woman in her late 80s, fell to the ground and was taken to hospital. She sustained a serious fracture to her leg, requiring an operation and skin grafts.

Shirley Creighton (49) of Derham Park, Balbriggan, Co. Dublin, pleaded guilty to careless driving, causing serious bodily harm on July 12, 2022, at Bridge Street, Balbriggan, Co. Dublin. She has no previous convictions and has not come to garda attention since this incident.

Imposing sentence on Wednesday,  Judge Dara Hayes said the CCTV evidence showed the victim was halfway across the road and “available to be seen”  when Creighton started her manoeuvre.

He said the seriousness of the offending and the impact on the victim, who as a pedestrian was a vulnerable road user, were among the aggravating factors.

Having considered the mitigation and Creighton’s personal circumstances, Judge Hayes set a sentence of nine months.

The judge said in light of Creighton’s previous good character and the steps she took after the incident including not driving for six months after, an immediate custodial sentence was not required.

Judge Hayes said it would be a “more appropriate way” for Creighton to “repay her debt to society” would be community service. He directed Creighton to complete 100 hours of community service within the next 12 months in lieu of the nine-month sentence.

Garda Joanne McGinn told Kieran Kelly BL, prosecuting, that Creighton was making a right turn onto Bridge Street when she struck the injured party who was crossing the road.

The court heard that Creighton was not driving fast, and it appears she did not see the victim crossing the road. CCTV was played to the court. Gda McGinn agreed with prosecuting counsel that the cause of the incident is unclear.

The victim declined to provide a victim impact statement. The court heard that her home required adaptation for her to continue to live independently.

Gda McGinn agreed with Diana Stuart BL, defending, that this had caused considerable distress to her client, who is extremely apologetic.

It was further accepted that Creighton was driving her mother to an appointment on the day of the crash.

Gda McGinn agreed that Creighton sold her car and did not drive for a period of time after this, despite having family obligations.

The witness accepted that Creighton’s husband and family are held in high esteem locally. It was also agreed that Creighton is grateful to the victim’s family for their approach to this case and that other proceedings have been finalised.

Ms Stuart said her client accepts she must have taken her eyes off the road and “regrets every second of what occurred”.

A letter of apology and several testimonials were handed into the court. A probation report was provided to the court, and counsel said Creighton is willing to undertake community service.

Ms Stuart said her client “disqualified herself” by not driving after this incident, and it took her six months to regain her confidence to drive again. She asked the court to consider allowing her client to retain her driving licence and not impose a period of disqualification. Creighton is a mother of six children.

She noted her client is aware that the victim is a “lady in her most vulnerable years and now had those years hampered by what occurred in relation to her mobility”.

Counsel asked the court for as much leniency as possible for her client.