A Co Donegal man, who was more than three times over the legal drink-driving limit when he killed a 70-year-old farmer, has been jailed for four years.
Shaun Duffy caused a three car collision on the N13 road at Sharon Glebe, Newtowncunningham, on July 5th, 2022.
The 51-year-old crossed into the path of a car being driven by pensioner Mervyn McClure, killing him as he returned from helping out a neighbour on a nearby farm.
Duffy had taken to alcohol abuse to bear the burden of loss, following the death of his son, Judge John Aylmer said in his sentencing remarks.
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Duffy, from Trillick in Buncrana, pleaded guilty to dangerous driving causing death when he appeared before Judge Aylmer at Letterkenny Circuit Court.
Judge Aylmer said the most aggravating factors in the case was that Duffy was drinking heavily while driving and that he also had six previous convictions for drunk driving.
Sgt Maurice Doyle of Letterkenny Garda Station outlined the case to State prosecutor Ms Fiona Crawford BL.
Duffy was travelling from the direction of Manorcunningham when he crossed over the broken white line and onto the incorrect side of the road causing an impact with Mr McClure’s Caddy van. A Seat Ateca was involved in a secondary impact with the van.
Duffy, who was driving a Volkswagen Golf, and his car ended up some 28.61m (93.8ft) away from the point of impact.
The court heard how Duffy was 2.42m on the wrong side of the road. A weather report indicated that the night was overcast and misty with occasional outbreaks of drizzle.
Mr McClure, from Lurgy in Letterkenny, was taken by ambulance to Letterkenny University Hospital where he died passed away a short time later.
Duffy told investigating officers that he had consumed three pints of alcohol.
Sgt Doyle confirmed Duffy has seven previous convictions in this jurisdiction, including six for drink-driving. The offences date back to 1994 and include convictions in 1998, 2004 and 2005.
Duffy’s barrister, Simon Gillespie BL, led by Ms Dara Foynes SC, said the accused suffered the tragic loss of his only son, Shaun Jnr - who was 19 - in 2020.
A sister of the deceased man read out a victim impact statement on behalf of herself, her brothers Cecil and Derek, who were also in court, as well as the extended McClure family.
Linda McBride said Mervyn had reached the age of 70, was the eldest of four siblings and was enjoying partial retirement when his life was cut tragically short.
She described him as a dedicated farmer, a loving family member and a cherished neighbour.
She added that Meryn spent his days working passionately on the family farm and his commitment was “unwavering” by the amount of hours daily he put into the land.
It was while returning home from helping at a neighbouring farm on the night of the crash that his life was ended.
The victim impact statement said it was painful that the family did not hear any apology for Mervyn’s death or see any acceptance of responsibility until it was brought before the court.
Mr Gillespie said that Duffy’s “criminal behaviour has its basis in an unforgivable recklessness rather than any malicious intent to inflict or cause the injuries that he did”.
Mr Gillespie said his client was engaged in excessive drinking in the months before the collision and said Duffy was “in shock” when he learned of the death of Mr McClure.
Passing sentence, Judge Aylmer said he placed the incident in the upper end of the scale and one which merited a sentence of seven years in prison before mitigation.
He said the accused had entered an early plea and had behaved in a very appropriate way and did his best to attend to the deceased immediately after the incident.
He added that it was clear from the evidence that the accused has huge remorse and that his offending weighed heavily on him.
Judge Aylmer said the accused took to alcohol abuse to bear the burden of loss. He noted Duffy is trying to deal with his alcoholism and is attending counselling.
He reduced the sentence from seven to five years, with the final 12 months suspended.
