Consequential disqualification order does not always automatically arise in respect of careless driving convictions

McCarthy J: Criminal Law – appeal against sentence – careless driving causing serious harm – only issue on appeal pertains to appellant’s disqualification from driving – prosecution informed judge that there was a mandatory four-year disqualification – appellant driving articulated lorry and collided into the last of a line of cars which were stopped at temporary traffic lights creating a six-vehicle pileup – appellant remained at the scene, fully cooperative with Gardaí and passed preliminary breath sample – tachograph showed appellant was travelling at 92km/h – appellant had no previous convictions – all documents were in order – guilty plea to careless driving causing serious harm – sentence of 150 hours community service work in lieu of nine months – consequential disqualification order does not always automatically arise in respect of careless driving convictions – appellant does not have two previous, or indeed any, convictions for careless driving within the period of three years preceding the present offence – there is an error in principle – disqualification order quashed – parties will be heard on issue of imposition of a discretionary disqualification at re-sentence.