Judge throws out ‘ill-advised’ appeal against prison term

David Hurley

Reporter:

David Hurley

Judge Tom O'Donnell said the incident was "agressive, violent and unprovoked"
A FATHER-of-eight who admitted drink-driving while disqualified and uninsured was jailed for five months after his appeal was dismissed.

A FATHER-of-eight who admitted drink-driving while disqualified and uninsured was jailed for five months after his appeal was dismissed.

Last November, Stephen Marshall, aged 39, of Elton Court, Meelick pleaded guilty, at Limerick District Court, to multiple road traffic offences relating to an incident on March 1, last.

The court heard the defendant was initially observed driving above the speed limit in the Moyross area of the city.

He was followed to Meelick where he was arrested and taken to Henry Street garda station an analysis of a sample of his breath showed a concentration of alcohol which was almost twice the legal limit.

Mr Marshall who has been disqualified on four separate occasions previously was banned from driving when he was stopped.

Solicitor John Devane said Mr Marshall had been “dropped off” at his brother’s house the night before and that he had left the house “for his own safety” after an argument broke out while he was there.

Mr Devane said his client, who has a number of previous convictions, has four young children with his current partner as well as four older children from a previous relationship.

Judge Eugene O’Kelly rejected pleas for leniency and sentenced the defendant to five months imprisonment saying he could see no reason, given the defendant’s previous record, not to impose an immediate custodial sentence.

He also disqualified him from driving for 12 years. “I see nothing other than his guilty plea to be mitigating,” he commented.

During an appeal against the severity of the sentence, Jack Nicholas BL, said the majority of his client’s convictions date back some time.

He said there are certain difficulties relating to a number of Mr Marshall’s children and he asked that the prison sentence be suspended for a lengthy period.

Dismissing the appeal, Judge Tom O’Donnell said the defendant has an appalling record and that his difficulties are “off his own making”.

He added that he believed the appeal was ill-advised.