22-Year-Old Driver Given Suspended Sentence for Causing Death by Careless Driving

A young motorist who drove through a red traffic signal and struck a pedestrian, resulting in the man’s death, has received a fully suspended prison sentence.

Lawyers for Letitia Barry (22) informed Dublin Circuit Criminal Court that unusual characteristics of the pedestrian crossing at Whitestown Road in Rush, Co Dublin, partially obscured the victim’s visibility to drivers at a particular point.

The court heard that the victim, local man John Byrne, had used the crossing frequently and always waited for the green pedestrian signal before crossing.

Forensic analysis of the traffic light sequence revealed a six-second delay between the vehicle lights turning red and the pedestrian light turning green.

After being struck by the car, John Byrne was thrown into the air. His head impacted the kerb, and he was transported to hospital, where he subsequently died from his head injuries.

Barry remained at the scene following the collision, and she and other members of the public attempted to provide comfort to Mr Byrne with blankets.

In her subsequent statement to Gardaí, Barry stated that as she approached the junction, her front-seat passenger, a friend, shouted, “He’s going to run.”

She reported that she applied the brakes forcefully, and the car swerved. She could not recall whether the traffic signal was green or red, nor could she remember her speed.

Analysis of her mobile phone showed no indication that she was using it while driving, and examination of tyre braking marks on the road suggested she was travelling within the 50km/h speed limit.

Witnesses told Gardaí that the traffic signals were red for drivers when Mr Byrne “moved quickly from the pavement”. One woman stated she saw Mr Byrne’s foot enter the road and the car strike him with a heavy impact.

Collision investigators determined that the car was in good working order, but the swerving tyre marks were consistent with the brakes locking. They found the ABS dashboard light indicated a malfunction. However they could not definitively state if this light was on during the collision.

A Garda report noted that the positioning of “street furniture,” such as lampposts and traffic lights, tended to obscure pedestrians from drivers at the location where Mr Byrne had been standing. The report concluded that the layout did not conform to the relevant manual for the optimal placement of street furniture.

Barry, of Rivermeade Park, St Margarets, Dublin, entered a guilty plea to driving a vehicle without due care and attention, thereby causing the death of John Byrne.

Sergeant Derek Dalton agreed with a submission from defence counsel Conor Devally SC that if the defendant had seen a red light, she would not have proceeded through it. Counsel stated that his client was a “relatively inexperienced” driver, having obtained her full driving licence three months prior.

A relative of Mr Byrne told the court that the death of their “son, brother, and uncle” had irrevocably altered the lives of his family. She described Mr Byrne as a gentle, kind, and highly sociable individual with many friends in the area and a diverse range of interests, including discos and Gaelic games.

She said his loss was a source of daily pain for them, “the anguish and grief of knowing we will never again see his smile or hear his laughter.” She added that the family continues to receive letters of appreciation from families who benefited from Mr Byrne’s organ donation upon his death.

Mr Devally informed the court that his client has experienced significant difficulty in coping with the consequences of her actions. “At all times, she intended to fulfil her responsibilities as a driver. She failed on this occasion,” he said.

Delivering the sentence today, Judge Melanie Greally stated that Mr Byrne bore no responsibility for the accident and that he had acted precisely as one should at a pedestrian crossing.

Judge Greally said that all accounts of Mr Byrne “painted a clear picture of him as a beloved, charismatic young man.” She said he “brought joy to the lives of others,” and it was unsurprising that “the void he has left is immense.”

The judge identified the primary contributing factor as the accused’s failure to be aware of the pedestrian crossing and the red traffic signal. She noted that the lapse was more than momentary, lasting nine seconds from the illumination of the amber light.

She identified mitigating factors, including Barry’s guilty plea, her cooperation, her lack of prior convictions, and her young age. She also acknowledged that Barry will “permanently carry the heavy responsibility of having caused the death of another.”

Judge Greally imposed a sentence of eight months’ imprisonment but suspended the sentence entirely under strict conditions. She explained that this decision was based on the combination of the absence of aggravating factors and the presence of numerous mitigating factors, particularly Barry being the mother of a young child.

The judge also disqualified Ms Barry from driving for six years.