By: Eimear Dodd
A driver who collided with a cyclist after crossing the centre line of a road has been handed a suspended sentence.
Advertisement
Jamie O’Leary (24) of Bunratty Road, Coolock pleaded guilty to careless driving causing serious bodily injury at Barry’s Court Road in Coolock on July 11, 2022.
Dublin Circuit Criminal Court heard that O’Leary was driving his Volkswagen Golf on the Barry’s Court Road from the Greencastle roundabout in the direction of the Oscar Traynor Roundabout around 7.20pm.
A Garda told Tessa White BL, prosecuting, that the injured party had just left his brother’s home on that road and was cycling in the opposite direction, towards the Greencastle Roundabout.
He cycled on the footpath for a short while and moved into his lane when he saw that there were no cars visible in either direction.
The cyclist then suddenly saw a car coming towards him fast, later telling Gardaí it came out of nowhere.
He was thrown what felt like 20ft into the air and blacked out.
The court was told that O’Leary’s car crossed the central median of the road and collided with the cyclist.
The collision was also witnessed by a taxi driver, who was behind the cyclist.
He told Gardaí he noticed O’Leary’s car come through the Greencastle roundabout at high speed, and that it didn’t maintain its position on its side of the road before it collided with the injured party.
The taxi had to mount the pavement to avoid being struck by O’Leary.
The defendant pulled in and went to the injured party, along with the taxi driver.
Emergency services were called and the injured party was taken to Beaumont Hospital. He sustained multiple injuries including a broken knee, cuts, bruises and fractured ribs.
He was later transferred to Mount Carmel Hospital for rehabilitation and has since made a physical recovery, the court was told. He was not in court for the sentence hearing and did not wish to make a victim impact statement, the court was told.
Photos from the scene were handed in, including one showing damage to the windscreen of O’Leary’s car.
O’Leary gave a voluntary cautioned statement to gardai when interviewed.
He said he was going around 60km/hr when “all of a sudden” a cyclist came across the road. He said he hit the brakes and clutch, but they collided. He said he was in shock and getting sick afterwards and expressed the hope that the cyclist makes a full recovery.
O’Leary has 11 previous convictions including for drugs, affray and road traffic offences.
He was not disqualified from driving at the time of this incident, but the court was told he has since been disqualified from driving for having no insurance.
The garda witness agreed with Seamus Clarke SC, defending, that the guilty plea was valuable and that his client has not been arrested since this incident.
Mr Clarke said his client had €2,000 in court as a gesture of remorse and was willing to save another €3,000 over the next six months. The garda said the injured party was willing to accept this.
The garda agreed with Mr Clarke’s suggestion that this incident was a salutary lesson for his client and that speed was the factor of careless driving in this case.
A letter of apology and letters from his mother and partner were handed to the court.
O’Leary has been working as an apprentice.
Mr Clarke submitted O’Leary had just turned 20 when this incident happened. He said the gesture of remorse was something his client wanted to make in “genuine remorse for what he has done”.
Counsel suggested that O’Leary has transformed his life over the last four years and asked the court for leniency for his client.
Passing sentence on Thursday, Judge Martin Nolan said the defendant drove his car down a road, crossed to the wrong side, and collided with a cyclist.
The judge said the mitigating factors in this case were the guilty plea and his genuine expression of remorse. He noted that the man has previous convictions, including road traffic offences.
Judge Nolan said, “I hope that this defendant will not reoffend in the future.” The judge said that he was very much aware of the injuries sustained by the injured party.
Judge Nolan sentenced O’Leary to one year in prison, which he suspended in full for one year.
He also disqualified him from driving for five years.
The judge ordered that the €2000 O’Leary has saved as a token of remorse is to be handed over to the investigating garda within one month of today’s date, and a further €2000 to be handed over within 12 months of today’s date.
The judge said if the injured party does not wish to receive this money, the investigating garda can nominate a local charity for the money to be given to.