A man who entered a bus lane before it was permitted, leading to a fatal collision with a pedestrian crossing the road, has been given a suspended sentence for careless driving.
Carl Scully (34) was driving in the bus lane in order to take an upcoming turn when he struck Anthony Hanney (61) as he crossed the road towards his home with his groceries.
Dublin Circuit Criminal Court heard that Mr Hanney, who was killed instantaneously, was a much-loved father and grandfather. He was described by his son as a good and kind-hearted man.
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Scully, of Glenhill Road, Finglas, pleaded guilty to careless driving causing the death of Mr Hanney at Finglas Road on December 12, 2018. He has 15 previous District Court convictions from 2009 and 2013. He has two prior road traffic convictions for failing to display tax.
In a victim impact statement prepared on behalf of himself and his siblings, Mr Antony Hanney Junior told the court that the loss of their father had a brutal effect on the family, causing catastrophic life changes and leading to mental health issues for the siblings.
“A once very close family has been ripped apart by this tragedy,” said Mr Hanney Jr. He described the horror of having to identify his father’s body and said he has struggled to sleep with that image.
“It has changed me as a person for the rest of my life,” he told the court.
He said the family understood the circumstantial and accidental nature of the incident but hoped today was the start of some closure for the family. “There are no winners in court today,” he said.
In sentencing, Judge Pauline Codd noted the emotional and psychological effect on the Hanney family on the sudden loss of their father. She said they had been left to endure shock, grief and trauma.
She extended her condolences to the family, whom she said had behaved with stoicism and respect throughout the sentencing.
Judge Codd said in cases such as this, the measure of a sentence was not a measure of the value of a deceased person's life, but of the accused person's culpability in the circumstances of the case.
She took into account testimonial letters handed into court on Scully’s behalf attesting to the toll the incident had on him. She noted medical reports and a psychological report prepared for the court.
She said his remorse and stress about causing Mr Hanney’s death appeared to be genuine.
She noted aggravating features included driving in the bus lane in advance of exiting at a particular lane. She said he gave as his reason his familiarity with the area and the difficulty of crossing later.
The point of impact was five metres from where he could have entered the lane legitimately.
She noted that unfortunately Mr Hanney was crossing a busy road in a dangerous place where there was no pedestrian crossing and pedestrians might not be expected. She said the court heard there were pedestrian crossings 300 metres north and 120 metres south of where he was crossing.
Judge Codd set a headline sentence of 10 months, noting Scully’s guilty plea, his remorse and emotional distress. She noted from the reports before the court that Scully had not coped well with the consequences of his actions and would have to live with his inattention on that morning.
She imposed a six month suspended sentence and ordered him to be of good behaviour and keep the peace for one year. She also imposed an 18 month driving disqualification but noted Scully had already voluntarily taken a decision to stop driving.
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