A 68-year-old man who was over the alcohol limit when he knocked down and killed a man has had the remainder of his sentence suspended on appeal.
Gerard Brett from Clonmel, Co Tipperary, pleaded guilty to dangerous driving resulting in the death of Benedict Brady (87) on Portrane Road, Co Dublin, on January 21st, 2010.
In March 2012 he was sentenced to two years imprisonment by Judge Martin Nolan at Dublin Circuit Criminal Court. Mícheál P O'Higgins, for the applicant, said that his client's health should have been taken into account when he was being sentenced. He told that court the Brett is on dialysis three times a week.
Counsel for the State, Vincent Heneghan, said: “It is undoubtedly a sad case. This man consumed three times the amount of alcohol one is permitted to consume, went out and killed a man on the road.”
Mr Justice Séan Ryan said that the previous sentence of two years imposed on Mr Brett had insufficiently appreciated his health issues. The remaining 18 months was suspended on the condition that Brett keep the peace and be on good behaviour entering into a bond of €100. He was also directed not apply for a driving license.