Driver wins appeal against five-month prison sentence

A NEW ROSS driver who told a judge he’s spent half his life in prison and would ‘appreciate another chance’ successfully appealed a 5-month jail sentence.

John Kinsella, of 54 Mount Carmel, New Ross, was sentenced to five months in prison at Wexford District Court on June 19, 2017, after he was convicted of driving without insurance at Ballygoman, Barntown, on November 8, 2016. He was also disqualified from driving for ten years.

When the appeal came before Judge Alice Doyle at Wexford Circuit Criminal Court, State Solicitor Kevin O’Doherty said he could not understand the nature of the appeal, after the court was told that the appellant had a number of previous convictions.

Defence Counsel Liam Stafford said Kinsella had appeared in Waterford on March 13, 2017, and had been given a suspended sentence, but the offence now before the Wexford court had been committed prior to that date. Judge Doyle asked Mr Stafford had he read the final paragraph of the Probation and Welfare report in this case. Mr Stafford said he had and that Judge Doyle had suspended a sentence in Waterford last March on certain conditions.

The appellant, he said, had a serious condition with heroin. Although he was off heroin, he had a lapse around Christmas.

Mr Stafford said the 32-yearold appellant met the case in March and is making his best effort. He is in good shape again and is co-operating with the services. He has a new partner, got married on January 26 and his wife was in court, Mr Stafford said.

In evidence, John Kinsella admitted to having a bad week over Christmas. He said that since then he has been off drugs, has undertaken a urine test each week, which has come back clear, and attends the Cornmarket Project three days a week.

‘I am trying to change my life around,’ he said.

Judge Doyle told the appellant that the last time he was before her he was warned to stay out of trouble but he went and committed more crime.

‘I understand where you are coming from, I have spent half my life in jail and would appreciate another chance,’ the appellant said.

Judge Doyle said she would affirm the order of the District Court but would increase the sentence to ten months. However, she was prepared to suspend the sentence in its entirety for three years, on the appellant continuing to rehabilitate, liaise with the Probation and Welfare services and all drugs counselling.

‘I will give you one more chance, but this is your last chance,’ said Judge Doyle.

Telling the appellant the disqualification of ten years stands, she added, ‘I don’t want to see you in this court again. If I do, you will serve the sentence.’