A woman who was almost three times the legal drink driving limit when she knocked down a mother of two, leaving her with a brain injury, has had her jail term cut on appeal.
Jayne Kearney (27), of Foxborough Downs, Lucan, pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious bodily harm to Blathnaid Molloy and driving while intoxicated at Citywest, Dublin, on March 8th, 2014. She was sentenced to three years imprisonment by Judge Martin Nolan on January 12th, 2015.
Kearney had the final nine months of her three-year term suspended on Friday following an appeal.
Giving judgment, Mr Justice Garrett Sheehan said Kearney had been at a fundraising event in Citywest Hotel on the night in question. Ms Molloy and her husband had been at the same event. The two women did not know each other.
Fell out with boyfriend
Kearney intended to stay in the hotel that evening but fell out with her boyfriend and decided to go home. As she was driving from the hotel she knocked Ms Molloy down and did not stay at the scene.
Kearney, a trainee hairdresser, had a number of previous convictions for speeding and one for driving without insurance. She herself lost a younger brother in 2008 in a road death.
The Court of Appeal did not regard the three-year sentence as inappropriate but said the judge failed to at least consider suspending part of her sentence with a view to incentivising rehabilitation, Mr Justice Sheehan said.
The evidence before the sentencing judge provided strong grounds for optimism that such an incentive would be availed of, if provided, the judge said.
In addition to the material before the Circuit Court, the Court of Appeal received an “excellent reference” from the governor of the Dóchas Centre.
Mr Justice Sheehan, who sat with Mr Justice George Birmingham and Mr Justice John Edwards, said the court would suspend the final nine months of her sentence.
She was required to enter into a good behaviour bond and she agreed to that.