Man holds a 'childlike fascination with cars, machine, engines and dumpers'
Wednesday April 15 2009
KEARNEY SHOULD have known that drink driving could have and indeed did have serious consequences according to Judge Michael O'Shea.
Acting for Kearney Damien Sheridan, BL, said that there were three probation reports before the court and handed in a reference from a former employer. A psychologist report was also before the court. 'The court has heard of acts of a feckless reckless individual, someone who is more than somewhat irresponsible', said Mr. Sheridan.
He said Kearney's parents had made every effort to support him. Kearney, he said, had been diagnosed with ADHD when he was nine years old and attended St. Lazerian's School in Carlow.
'He has a lack of understanding as to how his recklessness affects others and he is emotionally and intellectually inhibited', said Mr. Sheridan. All his previous convictions were for road traffic offences the court heard and Mr. Sheridan said Kearney has 'a childlike fascination with cars, machines, engines and dumpers. The jobs he has enjoyed the most are where he was working with these.'
Mr. Sheridan said Kearney had no driving licence because he was unable to pass the theory test. He said Kearney has € 2,000 compensation in court by way of compensation and the court heard he had completed an impulsive management course.
Judge O'Shea said Kearney had taken a 'substantial amount of drink and was driving very hard causing Niall Mulhall extremely serious injuries.'
'The manner at which he drove was dangerous in the extreme and I am not satisfied that he has a difficulty thinking through the consequences of his action. Though he is a young man, it should be obvious nowadays that you don't drink and drive. The consequences couldn't be more clear that drinking and driving causes serious accidents. 'Irrespective of your level of education or irrespective of IQ he perfectly understood or ought to have understood you don't drink and drive. I realise he had no intention of causing injury but the intention is irrelevant and the degree of fault in this case is substantial.' Judge O'Shea sentenced him to 18 months detention in respect of dangerous driving causing serious bodily harm and put him off the road for six years and put him off the road for two years for driving without insurance and for failing to report an occurrence.
He marked driving without a driving licence proven and taken into account. All the driving bans are to run concurrently and the convictions are to be endorsed on his licence. Judge O'Shea refused leave to appeal
