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Court of Appeal dismisses appeal against the severity of a 15-year disqualification imposed alongside a custodial sentence for the offence of dangerous driving causing serious bodily harm, in circumstances where the appellant drove a 42-tonne lorry with a full load of timber, pulling a trailer also with a full load of timber, which was manifestly unroadworthy and overtook a cyclist, striking him in the process; the court found that the imposition of the lengthy disqualification was not disproportionate and did not amount to an error in principle, and no special reason existed that would exempt the appellant from serving the full term of disqualification, especially in light of the fact that the appellant was stopped just one kilometre from the scene of the accident driving the same lorry, still in its unroadworthy condition, one month after the offence.
Criminal law – sentencing – appeal against the severity of four years' imprisonment with the final year suspended and 15-year disqualification imposed for the offence of dangerous driving causing serious bodily harm contrary to s. 53(1) of the Road Traffic Act 1961 as substituted by s. 4 of the Road Traffic (No. 2) Act 2011 – appellant was driving an articulated truck and attempted to overtake a cyclist on a rising bend to the left and struck the cyclist – whether the lengthy consequential disqualification was disproportionate and amounted to an error in principle – whether a special reason existed in respect of the disqualification – Section 26 of the Road Traffic Act 1961– Art. 54(1) of the Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of1999) – Pierse, Road Traffic Law, 3rd Ed., (Dublin, 2004) – appellant drove a 42 tonne lorry with a full load of timber, pulling a trailer also with a full load of timber, which was manifestly unroadworthy – there is every reason to ensure that the appellant does not have the opportunity to drive such a vehicle again for the period of 15 years – appellant was stopped just one kilometre from the scene of the accident driving the same lorry still in its unroadworthy condition – appeal dismissed
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