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AN 82-YEAR-OLD MAN jailed for indecently assaulting an eight-year-old girl during the 1960s has had his jail term cut on appeal.
Jack Donohue (82), of Holdenstown, Baltinglass, Co Wicklow, had pleaded guilty to two counts of indecently assaulting an eight-year-old girl in the county on dates between 1 September 1968 and 11 September 1969.
He was sentenced at Wicklow Circuit Criminal Court to two years imprisonment with the final six months suspended by Judge Michael O’Shea on 7 April 2017.
Donohue successfully appealed his sentence yesterday with the Court of Appeal holding that a greater portion of his two-year term ought to have been suspended given the 82-year-old’s poor health and frailty.
The offences
Giving judgment, Justice George Birmingham said the victim grew up on a family farm where Donohue worked. In addition, he was a family friend and spent much of his time about the house.
The offending incidents took place when the victim was aged eight and Donohue would have been in his early thirties.
The abuse has had a very serious and lifelong impact on the victim, the judge said.
Donohue had no previous convictions and was otherwise of good character. He lived a quiet, isolated life and never married.
Justice Birmingham said a medical report from his GP indicated that he did not enjoy good health. He has chronic obstructive airways disease, irregular heartbeat, enlarged prostate, a hernia, anxiety and depression.
Counsel for Donohue, Philip Sheahan SC, submitted that his client’s sentence was inappropriately long, that it did not reflect the fact that the offending occurred 50 years ago and, furthermore, that for an 82-year-old an 18-month jail term was a “very long sentence”. The maximum sentence for indecent assault at the time was two years, the court heard.
Justice Birmingham said the Court of Appeal was in no doubt about the seriousness of the offending and that the impact on the victim had been “really, very, very serious indeed”.
He said there had to be custody and the court did not disagree with the selection of two years as the headline sentence.
Insofar as the judge was required to sentence an 82-year-old in poor health, the balance between the portion to be actually served and suspended was “inappropriate”.
Given Donohue’s poor health and frailty, Justice Birmingham, who sat with Justice Alan Mahon and Justice John Hedigan, said a greater portion of the sentence should have been suspended.
The court resentenced him to two years imprisonment with the final 15 months suspended.
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Alot of cyclists dont consider that they’re sharing the road with car users, as a cyclist and a driver I see it from both sides. A lot of cyclists in the wrong
@Ferdia McManamon: is that all you take from a good article focused on cyclists’ fatalities? And that’s an unbiased view from someone who drives and (claims to) cycle? There’s no hope then…
@Ferdia McManamon: and vice versa
@Ferdia McManamon: and vice versa .
@Ferdia McManamon: yes, I see bad cycling as well. As a car driver, ex motorbike and pretty much a ex cyclist I see it from all sides and see bad and good from everywhere but just back from walking (2 km around my area) and I saw three cars break lights. True not many cars around but 2 taxis went through red lights and 1 garda car break lights. I think we should all cop on
@Ferdia McManamon: Do you have a point? The RSA found that drivers are at fault for most crashes with cyclists. They also found that 98% of drivers break 30kph speed limits. So clearly a lot of drivers (the vast majority) in the wrong too. But I’m sure you wouldn’t question their right to safety.
@Ferdia McManamon: As a pedestrian I have issues every day with morons cycling on the footpath. Some with headphones on and no regard whatsoever for the law. As a driver I see them going through red light after red light every single day. I know and i see responsible cyclists also but it’s very hit and miss. Every driver knows the rules of the road. I seriously even half of cyclists do.
@Ferdia McManamon: Whether a driver does it or a cyclist does it they are all in the wrong. Cyclists are vulnerable on roads, clearly a lot more dangerous for them. God there are terrible drivers. Cyclists are worse. Two cyclists in front of me both veered out into middle of road. Then put out hand to signal..and neither looked over their shoulder once. The way a cyclist should cross lanes is to look over shoulder, look straight, signal, then look again, then move.
We all see cars break lights, speeding etc and it’s terrible. However, cyclists are vulnerable on the road, and know that there are terrible drivers. That’s why it makes me mad to see cyclists who don’t know the basics in their hand signals or even general use of road or general rules of the road. And i see it everyday.
@Tommy C: stand at a busy junction for an hour and count the amount of cars that go through red lights, it seems as though the first 2 or 3 cars to approach a red light seem to think it’s ok to keep going
@Eugene Tyson: Drivers in vehicles kill pedestrians, cyclists , animals and other drivers.
@paul kelly: I have never killed a single person in my life and driving for 20 years.
Volume of mechanical vehicles would indicate that the likelihood of someone travelling by foot or bike would be in some sort of incident, it’s basic laws of probability.
@Stephen McManus: Cool story square head
@Ferdia McManamon:
How many car drivers do cyclists kill each year?
@Tommy C: ‘Every driver knows the rules of the road’. Ha ha.
Great piece. Thanks to Maria and all the people at Noteworthy for dealing with this topic so thoroughly.
It’s clear in the comments here that most cyclists are off their Frocking heads, They have been lead to believe anything they do is ok, while all motorists are wrong,
As I have said before
1- If there is a cycle lane use it, No excuses.
2- Do not talk with your buddy while cycling two abreast on the ROAD causing tailbacks.
3- Lycra is NOT your friend.
4- Stay fit by all means, But keep out of my way, do not hold me up.
@Brian Ó Dálaigh: I did always wonder why cyclists won’t use lanes provided. Good to know. Designated cycle lanes away from traffic and then the laws could change for everyones safety. Will probably never happen but we can dream.
@Dave Nomates: 4 “but keep out of my way, do not hold me up” you sound like a bell-end
@Dave Nomates: Lycra very much IS your friend if you don’t want chaffing around your bits
@Oisín O’Connor: The attitude in number 4 is the main problem.
@Seamus McLaughlin: I have to agree with this bellend so. I was trying to get to a go appointment before this Covid broke and a group of about 20 cyclists thought it was very funny to block the whole road not letting me pass safely . It’s a country road. I beeped and put my hazards on to indicate that I needed to get by but that made it worse and at the only straight stretch of the road they moved across to both sides to stop me passing. When they reached the pub they pulled in and had a good laugh as I passed by with my sick child in tears . Sorry but I cannot stand cycling groups since. I don’t mind the ordinary people cycling but these cycling clubs are absolutely disgusting.
@Dave Nomates: Will you stop holding cyclists up Dave? The majority of the delay to drivers are caused by other cars. 100% of the delays to cyclists are caused by cars sitting still and blocking up the road.
@Dave Nomates: u ok hun?
@Dave Nomates: What is the cycle lane has cars parked in it or massive potholes?
@Dave Nomates: I disagree with everything you said (except the lycra, that’s a crime!).
@Dave Nomates: Appropriate user name.
I’ve been cycling for 3 years glasnevin to middle of town not many incidents with cars. But pedestrian’s just walking out on phones not looking I’ve had 2 major hits n a few taps. And heaps of near misses. Most people in possession of some transport are paying attention but pedestrian’s are like the walking dead going around
@John Elliott: you just have to go slow enough to stop if you have to, knowing what kind of hazards are likely to arise. Same as a car.
@SC: Hmmm…..not sure even going 5kph will help of a pedestrian just walks out in front of you?
@Sal Paradise: what about where the cyclist is on the footpath /cycletrack which is the same thing in glasnevin
Alot of cyclists dont obey the rules of the road.
Constantly continuing tru red lights, no highviz or helmets,weaving thru traffic, kids travelling to scool using footpaths, cycling 3 abreast on the road and weekends its worse.
If there on the road there should be a permit / cycling awarness test for inner city in high traffic areas .and yes contribute to road tax in built up area’s. It annoys me how much they moan.
@Eddie Michael: it annoys you how much THEY moan? Just listen to yourself you whinging ape
If you stop and think about it for a minute, the whole process of being a road user is a truly terrifying ordeal, the level of trust you have to put into hundreds if not thousands of other people hands every time you set out on your journey is massive. I haven’t cycled on the roads for over twenty years and when I see some of the level of driving on display there isn’t a snowballs chance in hell I’ll be setting out on a bike any time soon. I think our roads are not fit for cyclists, our infrastructure needs a major overhaul, and until that happens, our roads are not safe for them. Some will argue that cyclists can be dangerous drivers, but the big difference is when a cyclists makes a mistake they rarely end up killing others, motorists on the other hand,,,well just look at the statistics.
@devils avacado: You are annoyed by others moaning? Read your own comment. You’re giving out about kids tying to cycling to school safely. Of course cyclists weave through traffic why would they sit and be delayed by your inefficient car?
Hi-vis and helmets are not a requirement in Ireland.
@Dublin Pedaller: emmm,, are you sure I said that pal??? I think you might want to read my comment again,, then apologise, and maybe lay of the drink at this hour of the morning….;)
@Dublin Pedaller: helmets and hi viz are not a requirement yet which would you prefer a head injury or a bad hair day as most cyclists who refuse to wear helmets sy it wreaks their hairstyle headway ireland has the figures on how many cyclists come through their doors with head injuries and there is a lot im a pedestrian and am more afraid of cyclists than cars because cars can be seen and heard coming and dont usually drive on the footpath
The Gardai in Anglesey Street in Cork City are very helpful where I have had previous cause to make complaints as a cyclist against a driver. Curiously, the drivers involved are, almost without fail, also driving without indate tax and insurance discs, and occasionally with existing penalty points to boot ( no correlation there….). Nor is there any relationship between the standard of driving on Irish Roads, and the fact that Minister Barrett waived the need to test to an entire generation of road users, in 1979. Rights and responsibilities naturally flow both ways however, and I would support bike licenses, theory tests for the Rules of the Road, and enforcement of cyclists that think the red light doesn’t apply to them – such dis credits those cyclists that obey the rules.
@Martin Peter Rahill: I follow the rules of the road as a driver and as a cyclist and I don’t think that bad cyclists discredit me as a cyclist anymore than bad drivers might affect my ‘image’ as a driver. This bad-good cyclist behavioural link is only in the imagination of some.
@Stephen McManus: as do I. Of course where a cyclist does not obey the rules they affect the perception of other cyclists. That’s the basis of stereotypes – “I’ve seen it once/twice, therefore it is the rule”.
@Martin Peter Rahill: disagree with licensing. A licence is for a motorised vehicle. Bicycles are not motorised. Motorised vehicles are age-restricted. Bicycles are not. How do you stop 8-year olds from cycling? Or 15-year olds? If it’s a case that it’s because they use the roads, then the same licensing should apply to anyone who walks the roads. Technically, footpaths are part of the road network, too, so even to walk a footpath would subsequently require a licence.
@Stephen McManus: You should consider that insurance companies charge more for premiums across the bored based on the actions of bad drivers (or so its claimed), so while in this case your ‘image’ is irrelevant, I’m sure the effect the actions of bad drivers has on your wallet isn’t.
@Brian Ó Dálaigh:
A vehicle is a vehicle, motorised or other. Horse drawn vehicles have licenses so that is you point made invalid
Is that way with hardly any cars on the road the cyclists have decided to cycle on the paths????
@Koochulan: More likely the cycle paths are not full of pedestrians…
@Koochulan: have seen this nowhere.
Get the cyclists off the road – and on to proper cycle tracks – it is for everybody’s safety.
Many of the “shared” cycle lanes are less then even paying lip service to the idea. In some places like on some of the canal bridges the road is just not wide enough – one could had a walk and cycle bridge beside the road bridges and stop pinching traffic into inadequate space.
I am all for the safety of cyclists but I also recognise that road sharing will always lead to space conflicts and accidents….. there is a question though for some cyclists to ask when competing with buses and cars – who will come off worse if I insist on my right of way? That said it is my experience that if we all cooperated on the road life would be less stressful and there would be less accidents and it only costs 2 seconds to be polite and does not change the time it takes to reach your destination. When no one is at fault then everyone is at fault.
I wouldn’t cycle around Dublin for love nor money. Watching motorists tailgating cyclists gives me the shivers.
Serious injuries to motorists and pedestrians have dropped in the past twenty years.
Serious injuries to cyclists have risen 700%.
The Irish roads are a dangerous place for cyclists.
@Billy Hanley: |The number of cyclists has rise, the hire bikes means people who do not know the rules of the road or the traffic conditions in this country are cycling all over the place.
Of course accidents have risen
Think it’s time to ban all cars doing journeys of less than 2 miles. A black box in the car to control. Too many lazy ignorant car drivers around. Coming from a ex hgv driver.
@John Ticksy: So a person with disabilities or an older person or a person who is ill must walk or get public transport.
Very inclusive thinking.
Cycle traffic and motor traffic can’t mix. Pedestrian traffic has its own exclusive lanes (footpaths) and cycling needs the same. Cycling through motor traffic makes as much sense as walking through it.
The propaganda for cycling – often aimed at children – is based on a myth that it is possible to do this safely. The result is tragedy.
@Bramley Hawthorne: Footpaths are only in urban areas , to keep pedestrians out of the way of motorcars.
@paul kelly: yes a lot of city streets the footpath is not even suitable for pedestrians try walk on some streets in the city centre pushing a buggy then think how a wheelchair user feels or try crossing some of the road junctions blindfolded to see how a cane user feels. cycle lanes should be fully segregated away from roads and footpath
@paul kelly: Footpaths are footpaths to create safe place for pedestrians with no vehicles of any kind in it
@Gary Kearney: No, actually its to keep pedestrians out of the way of cars. Otherwise they have to slow down.
I loveed cycling to work, for the 4 years out of 25 that i could. the rest was all by car as i actually needed to get to work. unfortunately i work in the 21st century where jobs are 24/7 and public transport is still 9 to 5 , mon to fri. How have they not figured this out by now
Motorists Vehicle Drivers need licensing/laws to use the roads where as cyclists / pedestrians have a human right to use them. So its all down to how one has respect for each other and addressing traffic laws
@Criostoir Mac Ranghaill: incorrect. Motorists need licensing to operate a motorised vehicle. Considering the vastly different consequences of an accident when it comes to a motorised vehicle, it’s no real surprise there are different laws. Everyone – motorist, cyclist, and pedestrian alike – have the same rights to the road.
@Brian Ó Dálaigh: No they do not. Pedestrians can only enter the road when crossing at a correct crossing when it is safe to do so and with the aid of crossing lights in their favour.
The road is for vehicle traffic which includes cyclists but not pedestrians.
@Ciaran Daly: this is true only where a footpath is provided. Pedestrians are free to use the road where they cannot use a footpath. Also it is ridiculous to think bikes must use the same roads as cars, lorrys and trucks. I’d love to see proper bike lanes away from high traffic areas. Much safer. I’d love to cycle but I think it’s too dangerous. While I drive, I have witnesses such aggressive stupid behaviour from drivers and I have witnessed an equal amount of stupid behavior from cyclists. Everyone has a responsibility here but cyclists need to have responsibility for their own safety also. I’d love to see cars stop needlessly over taking at speed on blind bends. Cyclists don’t stand a chance if there is an on coming car your gonna just whip back in out of reaction.
On another note, all cars need to slow down at the moment. It seems 40 percent of essential drivers at the moment are also dangerous drivers. The insanity on the roads at the moment is not nessesary given the lack of traffic.
@Brian Ó Dálaigh: Incorrect, you dont need a licence to drive on private land. You need a licence to use a motorised vehicle on a public road.
@Ciaran Daly: 80% of our road network has no footpath provided. When a footpath is provided, it is considered part of the road network.
@paul kelly: the general public is typically excluded from private land, is it not?
It’s all well and good having cycle lanes but they need to be maintained properly so cyclists can use them safely. A lot of the time rubbish and debris from the road ends up in the lanes making them unsafe to use or causing punctures. The local county councils need to be keeping the cycle lanes clean as they would with the main section of road.
Also these shared pedestrian/cycle lanes are a joke. The cycle part is often used by pedestrians, joggers and even parents with prams who will be quick to shoot you a dirty look if you dare to use the lane.
@Handsome McWonderful: shouldnt be any shared spaces plain and simple
@Handsome McWonderful: You are on a moving vehicke and can cause the pedestrian and the child in the buggy serious injury or death if you collide with them. Wjhat do you want them to do cheer you on!!
The Venn diagram of people here complaining about people who cycle and people who didn’t read the article: a perfect circle.
I have never cycled on a footpath.
I have never broken a red light.
I have never hit a pedestrian.
I pull over to let buses past.
I always use cycle lanes where safe to do so (I don’t use cycle lanes that are on footpaths because they put pedestrians and the visually impaired at risk, or if i’m turning right)
Now, am I allowed to point how the things that are wrong with cycling in Dublin or will I just have people reply to ME about the actions of some randomer you seen a few weeks ago?
I’m SICK TO DEATH of this IDIOTIC CONVERSATION that is had under LITERALLY every single article that even mentions cycling.
It’s a complete double standard. Would you find comments from people about the amount of people killed on Irish roads under an article about a new road? No you wouldn’t. But that’s the reality. Hundreds of people killed every year.
Open your eyes on any street in Ireland and you will see dozens of cars parked on footpaths. That’s illegal. Is it ever brought up? No. Because when drivers break the law it’s fine, but you see a Deliveroo driver go through a red light and apparently every cyclist from here to Mayo does it all day every day.
Sick of it.
Come up with something new to say.
A road
Speaking from personal experience as a cyclist, by far the greatest threat to my safety is posed by jaywalkers in city centre locations. I rarely feel anxious or threatened in heavy traffic because the vast majority of motorists are vigilant and careful and will leave you sufficient space.
Many cyclists – it has to be said – are reckless and display scant regard for the rules of the road and the safety of others.
In evidence I cite : Breaking red lights, travelling along one-way streets in the wrong direction, no hand signalling when turning or changing lane, weaving around stationary traffic, not wearing reflective clothing, no bike lights after dark and riding on the pavement (a particularly heinous offence).
Bray Main Street is listed as an accident hotspot. It is an accident hotspot for pedestrians too; every day cyclists go sailing up and down the footpaths.
Strand road in portmarnock is only a 50km zone, ye have it in as a 80km. Or is it a case the car was travelling at 80km…
it is not possible to put rubber guards on the Luas track and this has been tried even after it was explained it would not work. Yet people still blame the track and not the fact they should not be cycling on the luas track. They should cross them at a 90 degree angle. if they dont they can have an accident. Yet when they do it is not there fault.
shared pedestrian and any type of vehicle space is dangerous and should not be allowed. Dont start with it works in Copenhagen, it does not nor in Holland.
Not for pedestrians thats for sure.
That cargo bike is a heavy piece of equipment carrying 3 people and yet anybody can load up and of they go. No insurance no knowledge required..
Cycling should be safe but penalising everybody else is wrong.
Maybe you may have to slow down or stop, maybee take a longer route.
Everybody stops on journeys or takes a longer journey due to the law and the traffic design.
Yet cyclists dont accept that. They want direct routes , no slowing down or stopping and the right to go through traffic lights when they want.
Pedestrians first is the Street Hierarchy and this has been forgotten.
With all of these accidents, how many were found to be the fault of .ne person driver or cyclists
If you thought about that for half a second you might see the two points are related
Sad that some people are pushing their own agenda in the middle of a pandemic.
have your say