McDonnell, R v [2009] NICC 74 (30 November 2009)

McDonnell, R v [2009] NICC 74 (30 November 2009)

The defendant's actions constituted dangerous driving by excessive speed and failure to keep a proper lookout, causing death. The case fell in the lowest category of culpability with no aggravating factors. Exceptional mitigating circumstances justified suspending the custodial sentence.

Citation
[2009] NICC 74
Parties
Prosecution: The Crown; Defendant: Martin Thomas McDonnell
Jurisdiction
Northern Ireland
Judgment Date
30 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Mitigating and Aggravating Factors
Criminal Law Causing Death by Dangerous Driving Sentencing Guidelines Mitigating and Aggravating Factors

Case Brief

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Parties

The Crown

Prosecution

Martin Thomas McDonnell

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for causing death by dangerous driving under Article 9 of the Road Traffic (Northern Ireland) Order 1995?
  2. 2 Are there aggravating or mitigating factors that affect the sentence?
  3. 3 Should the custodial sentence be suspended given the defendant's circumstances?

Ratio Decidendi

The defendant's actions constituted dangerous driving by excessive speed and failure to keep a proper lookout, causing death. The case fell in the lowest category of culpability with no aggravating factors. Exceptional mitigating circumstances justified suspending the custodial sentence.

Court Disposition

convicted and sentenced

Orders

  • 18 months detention suspended for 3 years
  • disqualified from driving for 10 years