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Trial judge should have held ‘Newton’-type hearing on endangerment charge
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Court of Appeal allows appeal from sentences totalling 12 years for dangerous driving (five sentences of 12 months), criminal damage of five Garda cars (five sentences of five years), endangerment of the life of a Garda who was knocked from his motorbike and injured (seven years, to run consecutively from the other sentences) and disqualification from driving for life, and substitutes sentences of two years and nine months in relation to the criminal damage offences, five years in relation to the endangerment offence (to run consecutively), 35 years disqualification from driving and suspends the last 12 months of the sentence, on the grounds that: (a) the trial judge erred in removing a suspended element of the original sentence after the offender used an expletive when asked to enter into a bond; (b) the trial judge erred in failing to hold a 'Newton' hearing into whether the endangerment was intentional or reckless, and the offender was entitled to the benefit of the doubt in the absence of such a hearing; but (c) it was appropriate to impose a consecutive sentence in relation to the seriousness of the endangerment charge.
Criminal law - sentencing - dangerous driving - attempt to evade capture by Gardai - criminal damage - five sentences of five years imprisonment for damage to cars - five sentences of 12 months imprisonment for dangerous driving - disqualification from driving for life - sentence of seven years imprisonment for endangerment to be served consecutively to other sentences - proposed suspension of final two years - suspension removed after offender used expletive when asked to enter into a bond - mitigating factors - personal circumstances - injuries suffered by Garda - victim impact statement - whether endangerment was intentional or reckless - whether a "Newton"-type hearing should have been raised - whether facts reliably established - whether consecutive sentence was appropriate - totality principle.
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