The Criminal Courts of Justice in Dublin
The Court of Appeal has upheld the 14-year jail term and lifetime ban imposed on a repeat roads offender who was high on cannabis when he 'played chicken' with other motorists, drove head on at gardai and caused the death of his 20-year-old passenger.
Michael Collins (50), of St Finian’s Park, Drogheda, Co Louth, was convicted of dangerous driving causing the death of Jillian Thornton on May 27, 2016 at Waterside Great, Duleek, Co Meath following a trial lasting almost two weeks at Trim Circuit Court in July 2019.
Lawyers for the driver, who admitted he deliberately 'took a chase' from gardai, had argued in the Court of Appeal that his sentence was “manifestly excessive” and that his life-long driving ban would impair his rehabilitation, which they submitted was not in the public interest.
A three-judge court today found they were not satisfied that any double counting or error in principle had taken place in the sentencing.
They also dismissed Collins' appeal against his driving ban and said they were satisfied that a fair trial had taken place.
“In this case Mr Collins drove dangerously for no other reason than for the sport of what he was engaged in… The appellant in this case was turning on and off his lights repeatedly throughout this entire occurrence. Immediately prior to the collision which resulted in the death [of Jillian Thornton] he had no lights on. There is simply no conceivable justification for that.”
He said this intentionally aggravated the danger of the situation and this was further compounded by the presence of two young women in the car.
“During the course of the trial the appellant in the case maintained that they were willing participants which clearly they were not,” he said.
“It’s hard to conceive of a set of circumstances of greater gravity.”
Mr Hanohoe also noted that no mitigation had been offered in the case. He argued the sentencing judge did have regard to the principle of totality by making some sentences concurrent to the two consecutive terms.
At his sentencing hearing, the court was told that Collins was on his way to a music festival in Mullingar on the night with the victim and a friend, Alannah Byrne, who survived the crash.
Collins failed to stop for gardaí after driving the wrong way on a roundabout at Waterunder, Drogheda, and then continued through east Meath towards Slane and turning back towards Ashbourne.
Collins, who was found to have cannabis in his system on the night, later told gardaí his “head had been melted” and claimed in court he had been in fear for his life at the time, as someone had “put a hit” on him and he did not believe it was gardaí who were following him.
In 2022, the three-judge court rejected Collins’ appeal against his conviction, in which he argued that he should not have been allowed to represent himself at trial.
In dismissing that appeal, the court found that the right of a party to be heard without legal representation was a personal right and that only in very extreme circumstances could a judge refuse such an application, once it was dealt with the accused's full knowledge and consent.
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