A farmer convicted of manslaughter by gross negligence for killing his aunt, who he drove over with an agricultural teleporter, has appealed the severity of his six-year sentence.
Lawyers for Michael Scott (60) told the Court of Appeal he had led a “blemish-free life” and was 53-years-old when he killed Chrissie Treacy (76).
Michael Bowman SC, for Scott, said his client’s conviction by a Central Criminal Court jury came on the basis that he had failed to keep a proper lookout or use proper caution while reversing across the yard outside Ms Treacy’s home.
Counsel said that given all the circumstances, the eight-year headline sentence identified by Ms Justice Caroline Biggs at the time was too high.
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He argued the judge had made an error by putting the case at the higher end of the mid-range for manslaughter type offences.
Dean Kelly SC, for the Director of Public Prosecutions, said the judge had properly used her discretion in arriving at the headline sentence.
The only disagreement he would have, he said, was that Ms Justice Biggs had given Scott too much benefit when she reduced the eight-year headline sentence by two years after considering mitigating factors.
Scott, of Gortanumera, Portumna, Co Galway, had pleaded not guilty to murdering Ms Treacy outside her home in Derryhiney, Portumna, on April 27th, 2018.
Following a trial in 2023, a jury found Scott not guilty of murder but guilty of manslaughter on the basis of gross negligence.
The trial heard that Scott had been involved in a long-running dispute with his aunt over land they jointly owned at Derryhiney. The HSE and Garda had been informed of concerns for Ms Treacy’s welfare related to her relationship with Scott.
In submissions on Thursday, Mr Kelly said it is important to distinguish this case from one of dangerous driving causing death. In Scott’s case, he said, the jury had accepted that by reversing blindly for 10 seconds across a yard outside an older woman’s home, the defendant had caused a high degree of risk to his aunt.
There is an “enormous duty” of care, counsel said, where you are driving a “lethal weapon” which is huge, heavy and difficult to see from.
Scott had only peripheral vision in his right eye yet decided to look over his right shoulder while reversing, counsel said. Had he looked to the left, he would have seen his aunt, Mr Kelly said.
Mr Kelly said Ms Justice Biggs applied a generous discount to the headline sentence, partly on the basis that Scott had shown remorse.
However, counsel said that remorse had come “dropping slow” and in the words of the trial judge, he “didn’t think about her [Ms Treacy] at all” when reversing blindly across the yard.
Mr Kelly said that while Scott had no previous convictions, his life was not “blemish free”. Counsel pointed to evidence that he drove a friend of Ms Treacy’s off the road and that he was heard banging a table during a “to and fro” with his aunt about land.
A solicitor acting for Ms Treacy told the trial of his shock at the “utter vehemence and anger” Scott expressed during a phone call regarding the same issue.
Another witness said that about three months before the killing, Scott was “enraged” and warned “this will end badly,” referring to the dispute with his aunt.
Counsel also referred to Scott’s “obnoxious” behaviour towards his aunt during her life.
After her death, Scott did not call emergency services but phoned a friend and waited for him to arrive, Mr Kelly said. He later claimed he did not know the number for the local hospital or doctor and was not aware you could contact ambulance services by calling 999.
Mr Justice Patrick McCarthy, with Mr Justice Brian O’Moore and Mr Justice Michael MacGrath, reserved judgment.
