Dublin woman who didn’t realise she’d struck pensioner as he was crossing street spared jail

A postdoctoral researcher who didn’t realise she had struck an elderly man as he was crossing the street one January night has been given a three-month suspended sentence.

Megan O’Shaughnessy (32) contacted the gardaí the following day after she noticed a dent in her Nissan Micra. She had initially thought she had struck debris while driving home at 9.45pm the previous evening.

The court heard that O’Shaughnessy had a panic attack when she was informed by officers that she had struck a 75-year-old man while he was attempting to cross the road. The man was later treated in hospital for a broken wrist and arm. He didn’t prepare a victim impact statement for the case.

O’Shaughnessy, of Turret Road, Palmerstown, Dublin 20 pleaded guilty at Dublin Circuit Criminal Court to careless driving causing seriously bodily harm on Emmet Road, Dublin 8 on January 27, 2022.

She has no previous convictions and the vehicle was insured, taxed and had passed its most recent NCT.

O’Shaughnesy’s phone and the vehicle were taken and analysed and gardaí were satisfied that she was not using her phone at the time of the incident, nor speeding. Her speed was estimated to be in the region of 45km/hr at all times during her journey home that night.

Judge Martin Nolan accepted that O’Shaughnessy had an excellent mitigation, accepting various references before the court which described her as dedicated, hard-working and exemplary.

He said the man was crossing the road and O’Shaughnessy was driving her vehicle in a safe way but “she didn’t seem to notice him and thought she had impacted something different”.

“She didn’t know she had struck the unfortunate victim. He was there and she should have seen him,” Judge Nolan said before he added that “people make mistakes all the time driving”.

He sentenced O’Shaughnessy to three months in prison which he suspended in full on strict conditions.

When asked by Judge Nolan, why O’Shaughnessy had not seen the man while he was crossing the road, James Dwyer SC defending replied, “because she was driving without due care and attention”.

He emphasized that his client has pleaded guilty to careless driving and told the court that she doesn’t have any penalty points. He said she now avoids driving since the accident.

Mr Dwyer said his client has a PhD and is currently working as a post-doctoral researcher in Trinity College, specialising in lung disease.

He said she had wanted to communicate to the victim by a letter but was advised by the gardaí that this may not be appropriate, although the gardaí did inform the victim’s family that O’Shaughnessy had wanted to express her remorse.

Counsel said his client had “a stellar academic career” and submitted that her guilty plea and co-operation with gardaí was of “great assistance” to the investigation.

Emmet Nolan BL prosecuting told the court that one woman later told gardaí that she had been driving that night on Emmet Road and had spotted an elderly man with a crutch attempting to cross the road.

She said she stopped her car and gestured for him to cross, when she noticed a vehicle on the opposite of the road. She said she flashed her lights to indicate to the driver that a pedestrian was crossing but the car hit the man and failed to stop.

Emergency services were called and they arrived at the scene the victim was lying on his back, opposite a bus stop, close to the kerb. He was taken to hospital and received treatment over the course of four days.

The man was discharged but re-admitted to hospital the following month due to sustained pain and a delusional episode. He remained in hospital then for four weeks.

O’Shaughnessy gave a prepared voluntary statement to gardaí in March 2022 stating that she knew she had hit something that night but she didn’t realise it was a person.

Mr Nolan confirmed that there is “no evidence” to contradict O’Shaughnessy’s claim that she had not realised she had hit someone that night.

The court heard that gardaí spoke with the victim six months ago and although he is still confused at times, he is doing well.

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