On the evening of 17 April 2014, a car driven by a drink-driver collided head-on with a vehicle being driven by Gillian Treacy at Ballymorris in Portarlington, Co Laois.
Ciarán Treacy was killed in the collision. His mother suffered extremely serious injuries which the court later described as both life-threatening and permanent.
At the time of the crash, Gillian Treacy was returning home from the children’s grandparents’ house with Ciarán and his older brother.
The driver responsible later pleaded guilty to dangerous driving causing death, with a charge of drink-driving taken into account.
At Portlaoise Circuit Court, the driver was sentenced to seven and a half years’ imprisonment. In imposing that sentence, the trial judge stated that the appropriate sentence was nine years but reduced it to take account of mitigating factors.
The case later came before the Court of Appeal, which ruled that there had been an error of principle in the original sentencing decision when viewed in the context of previous sentences for dangerous driving causing death. The court noted the absence of evidence of any prolonged period of dangerous driving prior to the collision.
The Court of Appeal determined that the appropriate sentence was eight years’ imprisonment, with the final two years suspended.
In delivering judgment, the court acknowledged the driver’s guilty plea, expressions of remorse and cooperation with gardaí, as well as the need to incentivise rehabilitation. The court also emphasised the importance of consistency in sentencing for offences of this nature.
The Court of Appeal heard that Gillian Treacy’s injuries were extremely serious and would have lifelong consequences.
The court also considered the devastating impact of the collision on the Treacy family, including the loss of a young child and the profound emotional and financial consequences that followed. A victim impact statement described how the crash had changed the family’s lives forever.
The court acknowledged that sentencing decisions can feel clinical to victims of such tragedies, but stated that consistency in sentencing is required in the proper administration of justice.
Cases involving the death of a child are among the most devastating we ever encounter. For families, the legal process is not about numbers or sentencing alone, but about recognition of the scale of their loss and the lifelong impact of what has happened.
In a statement read outside court by their solicitor, the Treacy family said they were living “the nightmare every parent dreads.”
The family acknowledged the court’s decision and expressed hope that it would act as a warning and deterrent to others.
John Browne, Solicitor for the Treacy family and Partner at Hussey Fraser Solicitors, said the family were an ordinary, hard-working family whose lives had been changed forever.
He said words could not express their anger, grief and revulsion at the loss of their beloved son, but that those feelings would not outweigh the love and cherished memories of Ciarán which sustained them through their darkest hours.
Mr Browne said the family were disappointed with the outcome but respected and acknowledged the court’s judgment. He added that Ciarán would live forever in their thoughts, prayers and kind actions, and requested that the family’s privacy continue to be respected.
This case study relates to court proceedings reported in October 2016. Names, dates and details are intended to reflect contemporaneous court reporting as accurately as possible.
While every effort has been made to ensure accuracy, anyone seeking clarification or further information in relation to this case is welcome to contact John Browne, Partner at Hussey Fraser Solicitors, directly.
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