Sentencing took place at the Circuit Court sitting in Castlebar Courthouse.
A Donegal woman involved in a two-car collision on the N17 that claimed the life of her mother has received an eight-month suspended prison sentence.
Joan Cassidy (62) of Ballynacarrick, Ballintra, Co Donegal, appeared before Castlebar Circuit Criminal Court where she was sentenced after pleading guilty to careless driving causing serious harm to Rosaleen Murphy (36) following a collision outside the Applegreen filling station at Barnahesker, Kilkelly, on August 15, 2022.
The collision occurred when Ms Cassidy was pulling out of the filling station and crossing the road while Ms Murphy was travelling south on the N17.
The court heard Ms Cassidy and her 91-year-old mother, Kitty Doherty, were travelling back to Donegal at 5.45pm after visiting Knock Shrine. Mrs Doherty was taken to Mayo University Hospital, where she passed away the following day.
Garda Conor McGuckian, who investigated the collision, told Judge Eoin Garavan that a momentary lapse of attention on Ms Cassidy’s part had resulted in very serious consequences.
Ms Murphy, whose two young children were in the car with her when the crash occurred, had suffered a serious leg injury. Garda McGuckian said that she spent a period of time in a wheelchair following the collision but was now mobile. He said she did not wish to give a victim impact statement.
When questioned by Diarmuid Connolly, counsel for Ms Cassidy, Garda McGuckian accepted that the defendant’s sight of traffic may have been impaired by a ‘giant coffee cup and ice cream cone’ advertisements that were along the road at the entrance to the filling station.
Garda McGuckian said that when he visited the scene of the collision the following day he asked the owner to move them, which he did.
Garda McGuckian also accepted that Ms Cassidy’s Kia Optima car had been fully serviced, that speed had not been an issue, and there had been an early guilty plea.
Mr Connolly said his client has written a letter to Ms Murphy to apologise for the injuries she had suffered as a result of her driving, saying she had suffered her own life sentence with the death of her mother.
He told Judge Garavan that Ms Cassidy, who also suffered injuries to her leg and pelvis in the collision, accepted that she was at fault from day one. Ms Cassidy, he said, has a long driving history of 43 years and had never come to the attention of the Gardaí.
Mr Connolly pointed out that none of the normal aggravating factors, such as speed or use of a mobile phone, were present in this case. He asked Judge Garavan not to impose a driving disqualification, pointing out that Ms Cassidy lives in a rural area and uses the car to travel to the cash and carry for the family grocery business.
Judge Garavan noted that Ms Murphy has suffered significant injuries as a result of the collision. He said that while it may have been a momentary lapse in concentration on Ms Cassidy’s part, the consequences had been grave. He added that everyone is capable of lapse of judgement when driving, and it doesn’t always result in crashes like this one had.
He sentenced Ms Cassidy to eight months’ imprisonment, but he suspended the entirety of the sentence for a 12-month period.
Judge Garavan indicated that he was inclined to impose a six month driving ban but he agreed not to disqualify Ms Cassidy from driving.
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