By Fiona Ferguson
A woman who drove a short distance with a relative she was in dispute with hanging on the bonnet of her car has been given a suspended sentence.
Judge Martin Nolan said Sinead Kavanagh (37), who is the sole carer for two children and volunteers in her local community, had a “momentary lapse where she indulged her bad temper.”
Dublin Circuit Criminal Court heard that there was “bad blood” between the parties at the time.
Kavanagh of Bawnlea Green, Tallaght, pleaded guilty to endangerment at Jobstown, Tallaght on May 5, 2022. She has one previous conviction for criminal damage.
Passing sentence, Judge Nolan said it seemed on the day there was an altercation at a filling station and Kavanagh, who was in a car, encountered her relative.
Judge Nolan said there was “bad blood” at the time and it seems on the video footage that the other party remonstrated with Kavanagh and stood in front of Kavanagh’s car.
The judge said “as a result of bad temper” Kavanagh drove her vehicle out of the service station, “collected” her relative on the bonnet and crossed the road. He said at this point the woman fell from the bonnet and Kavanagh left the scene.
Judge Nolan said there had been a small level of provocation. He noted she had later contacted gardai herself and co-operated with the investigation.
He said there was good mitigation but it was a serious enough case. He said in this case he was taking into account the effect imprisonment would have on her children, noting she was their sole carer and was a good mother.
He said this had been a “momentary lapse where she indulged her bad temper.”
Judge Nolan imposed a two year sentence which he suspended in full on strict conditions.
Garda Rebecca Durney told Kieran Kelly BL, prosecuting, that Kavanagh and a relative were not getting on well at the time and encountered each other at the Applegreen service station in Jobstown. Initially, Kavanagh was in her car and the relative in the shop.
The victim perceived she was being videoed and stood in front of Kavanagh’s car to remonstrate with her. The court heard there was a verbal exchange between the two.
Kavanagh began revving and to edge her car forward, hitting the woman on the legs, before moving off with her up on the bonnet of the car. Kavanagh exited the service station.
The woman said she was “hanging on for dear life” and fell off on the far side of the road.
Gda Durney said the car moved about 10 to 15 metres before the woman fell off. She sustained some soft tissue injuries. The woman did not make a victim impact statement or attend court.
Gda Durney agreed with Keith Spencer BL, defending, that there has been no further garda attention. She agreed that Kavanagh contacted the gardai herself as soon as she got home.
Mr Spencer said his client was a mother and sole carer for two children with special needs who are both doing well. He said she has a good work history and has contributed a lot to her community.
He also outlined a number of serious medical issues suffered by Kavanagh personally.
Mr Spencer submitted Kavanagh was in “flight or fight” at the time of the offending and if she could turn back the clock she would have rang the gardai at the time.
He said that thankfully the injuries were minor and that the “bad blood” has been quelled. He said the offending fell into the reckless category and did not result in harm.
Counsel said she regrets the offence and is remorseful. He asked the court to take into account her guilty plea and family situation. He said there was a civil case in being which was being defended.