Gallagher family welcome plans for increased sentences in cases of ‘death by dangerous driving’

The family of a young Derry man killed by a drunken hit-and-run driver in the city over 11 years ago have welcomed proposals to increase the length of jail sentences imposed in such cases.

Martin ‘Marty’ Gallagher was 25 years old when he was killed on the Racecourse Road as he walked home after celebrating the city’s Halloween festival in 2009.

The driver, Jonathan Francis McGonagle, was drunk, speeding and had drugs in his system.

He was handed a six-year sentence in December 2010 for causing death by dangerous driving.  Half of that sentence was spent in prison and the other half on license in the community.

Custodial sentences are often reduced based on guilty pleas, probation reports which lay out the defendant’s background and the likelihood of reoffending and other mitigating factors.

Further upset was caused in 2019 when McGonagle avoided jail for offences including dangerous driving and driving while disqualified.

Today, the Derry News can reveal that a third of offenders found guilty of causing death by dangerous driving over the past five years served less than 12 months in prison or no time at all.

Comparable, or sometimes accompanying charges to the aforementioned offence, are those of causing death by careless driving while under the influence of drink or drugs or causing death by careless driving and failing to provide a specimen.

Figures obtained after a Freedom of Information (FOI) request was submitted to the Department of Justice focus on the specific offence of causing death by dangerous driving.

In the period 2015 – 2019, the most recent year for which information is available, there were 24 prosecutions at courts where at least one of the offences involved was for causing death by dangerous driving.

These cases resulted in 18 convictions, three of which were dealt with at Derry Courthouse.

Custodial sentences ranged from six months in custody with a further six months on licence, to a custodial period of 11 years with a further three years on licence.

The FOI response specified that ‘fewer than three’ resulted in a suspended sentence being handed down – an exact figure could not be provided for legal reasons.

In five cases a sentence imposed was for a period of less than one year in custody, followed by a period of less than one year on licence.

When combined those cases mean that at least one third of all offenders served less than twelve months in jail.

In six cases, the sentence imposed was for a period of four years custody or more, followed by a period of four years or more on licence.

In the other cases, the custodial period imposed fell between one year and four years, with similar periods on licence.

SENTENCING REVIEW

The Department of Justice has published ‘The Sentencing Review Policy - Way Forward’ which sets out Minister Naomi Long’s decisions following the review and public consultation.

Minister Long announced proposals to increase the maximum jail term for causing death by dangerous driving from 14 to 20 years.

Amongst other proposed changes, she agreed that a discretionary life sentence should be the maximum sentence available to a judge when an offender has a previous conviction for the same offence.

Speaking to the Derry News, Martin and Elizabeth Gallagher explained that they had a constructive discussion with Justice Minister Naomi Long (below) in recent weeks and are ‘very pleased’ with proposals being put forward.

Their only concern is that it will not be possible to action the proposals before the next scheduled Assembly election in May 2022.

They have urged the Justice Minister, whether it be Naomi Long or a new appointment, to do the right thing by ensuring proposals are implemented in full.

‘BIGGEST CHALLENGE’

Reflecting on their recent meeting, Minister Long paid tribute to the Gallagher family for sharing their personal experience of the pain and trauma endured following the tragic loss of their son. 

She said: “I can only imagine the hurt that is caused in cases such as theirs, particularly when little or no remorse is shown by the offender.

“I discussed the changes I intend to make to sentencing for offences such as causing death or serious injury by dangerous driving and careless driving while under the influence of alcohol or drugs with Martin and Elizabeth Gallagher and I’m happy to continue to engage with them as we move forward.” 

The Justice Minister expressed an awareness of the need to improve public confidence in sentencing, describing it as ‘the biggest challenge’ because it is a matter of changing often ‘firmly held views’ about the way in which criminal justice operates. 

She recognised the difficult and complex role the judiciary perform when sentencing.

The Justice Minister continued: “I believe that the proposed changes will assist in ensuring the judiciary have available to them an appropriate sentencing framework. 

“I am of the view that recommendations should be taken forward in a single focussed Sentencing Bill, and I would hope this bill can be introduced early in the next mandate.

“It should be noted that, unlike England, Wales and Scotland no distinction in the available maximum sentence is currently made, in Northern Ireland, whether the outcome of the unlawful driving is death or serious injury.”

She added: “The proposed increase to a maximum sentence from 14 to 20 years, and to a discretionary life sentence for a repeat offender for that offence, reflects responses received during the public consultation. 

“There was little, if any, desire expressed to see a distinction made in the maximum sentence between the offences of causing death or causing serious injury through unlawful driving. 

“The current maximum sentence in Northern Ireland for causing serious injury through these unlawful driving offences already exceeds the maximum available in our neighbouring jurisdictions.”