By Isabel Hayes
A learner driver who lost control of his car and smashed head-on into another vehicle, injuring three passengers, has been given a 12-month suspended sentence.
John Stokes (23) was originally charged with dangerous driving in relation to the collision that occurred at Lower Lucan Road, Dublin on May 2, 2021.
He pleaded guilty to one count of careless driving causing serious bodily harm to a woman in relation to the incident, which was accepted by the Director of Public Prosecutions (DPP) on a full facts basis, Dublin Circuit Criminal Court heard.
It is an offence that carries a maximum sentence of two years’ imprisonment and/or a fine of up to €10,000. Stokes, of Canonbrook Park, Lucan, has seven previous convictions, including theft, assault causing harm and public order offences. He was on bail at the time of this offence.
After pleading guilty in 2022, Stokes failed to appear for his sentence hearing and a warrant was eventually issued for his arrest.
The court heard that he had been living in the UK before he presented himself to gardai by appointment and was granted bail.
Judge Elma Sheahan previously heard evidence in the case. She noted at that time that while Stokes entered an early guilty plea, he then failed to make himself available for sentencing. She said the court took a serious view of the fact he was on bail for another offence at the time of this offending.
The judge ordered that Stokes be placed under the Probation Service for a six-month period before his sentence is finalised.
She ordered a probation report, a GP report and a counselling report to be before the court for the adjourned date and placed Stokes under a good behaviour bond for six months.
Sentencing Stokes today Judge Sheahan noted that Stokes has not come to garda attention since 2021, is now working and is engaging with therapeutic services.
He is currently living in hostel accommodation in Dublin city centre.
He is deemed at a medium risk of re-offending by the Probation Service but the service is willing to engage with Stokes.
Judge Sheahan imposed a 12-month sentence which she suspended in full on strict conditions including that Stokes engage with the Probation Service for 12 months, provide urine analysis and engage with their addiction services.
She also disqualified Stokes from driving for 12 months.
At the earlier hearing Garda Gary McCallon told Aideen Collard BL, prosecuting, that around 10.30pm on the evening in question, a couple and their adult daughter were in a car travelling along Lower Lucan Road when they saw the car driven by Stokes coming around a bend towards them at speed.
One of them shouted: “Watch out for him”, the court heard.
Their car activated its collision prevention system and braked before Stokes’ car collided head-on with them, the court heard.
Stokes got out of the car and apologised to the injured people, telling them he “lost control”.
The driver of the car, a man in his late 40s, managed to get out, but his partner, also in her 40s, was trapped in the front passenger seat and had to be cut out by Dublin Fire Brigade officers.
This woman’s 21-year-old daughter was in the back of the car, with blood streaming from her head. All three were taken to hospital.
The woman who had to be cut out of the car was the most seriously injured with fractures to her spine and ribs.
She was in a brace for 12 weeks and spent a number of days in hospital. Her partner spent one night in hospital with soft tissue injuries, while the daughter had to be treated for a head wound and other injuries.
Prosecuting counsel said the speed limit on the road was 60km/h and that although the injured parties reporting Stokes was driving at speed, there was no independent evidence of this such as dashcam or CCTV footage.
“There is no evidence he was in excess of the speed limit,” Ms Collard said. “The evidence is that he was driving too fast for that part of the road.”
The court heard that Stokes was a learner driver and was accompanied in the car by a fully licensed passenger.
The car was insured, and he was not under the influence of any intoxicants. His insurance company has since made a payout to the injured parties.
A number of victim impact statements were read out in court, but the victims chose not to attend the sentence hearing, the court heard.
The statements outlined how they struggled with pain, mental health issues and anxiety in the wake of the collision.
The woman whose spine was fractured outlined how she had to change jobs as a result of her injuries and how she struggled to pay rent for a period of time.
Keith Spencer BL, defending, said his client was just 18 at the time of the offence.
He left school after his junior cert and has a history of depression and mental health issues.
He has a history of cannabis use which he has successfully dealt with, the court heard.
There is a history of mental illness in his extended family, and he has had a number of bereavements in recent years.
He has a long-term partner and they have a 10-month-old baby to whom he is a committed father, defence counsel said.