Woman (29) avoids jail for breaking red light and knocking down pensioner (81)
A judge has warned that a car can become a 'maiming or killing machine if not driven with due regard for all road users, especially pedestrians'.
Judge Pauline Codd made the comments while imposing a 17-month suspended prison sentence on a driver who broke a red light and knocked down an older woman as she crossed the road, leaving her with serious and life-changing injuries.
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Frienna Rockett (29) was not paying attention to the road because she was trying to find her sister's home when she broke the red light at a pedestrian crossing on St Peter's Road, Crumlin and ploughed into the 81-year-old woman, Dublin Circuit Criminal Court heard.
Rockett, of Ballybrack, Kilmacthomas, Co Waterford, pleaded guilty to one count of careless driving causing serious bodily harm on December 16th, 2022. She has no previous convictions.
The victim in the case suffered a bleed to the brain, multiple fractures to her legs, pelvis and clavicle and a dislocated shoulder. She spent a period of time in intensive care and in rehabilitation after the accident.
In a victim impact statement read out by prosecuting counsel at an earlier sentencing hearing, the woman said the accident had a 'devastating' impact on her mental health. She said she used to be fit and active but can now no longer go to line dancing, meet her Age Action friends or go for coffee because she struggles to leave her home.
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'My life is very sad and lonely now,' she said. She is 'terrified' to walk near the road or be around traffic and is also in constant pain, which makes getting around difficult, the court heard. She said she can no longer drive or take public transport and relies on a walking aid and a mobility scooter.
Outlining the extent of her injuries, she said she is in pain 'all day, every day'. 'I'm pretty much helpless,' she said, adding that her son is now her full-time carer. 'I feel vulnerable all the time and live with a lot of fear.'
The court heard Rockett was driving her Volkswagen Golf car around 12.30pm on the day in question when she knocked down the woman who was out walking her dog. She stayed at the scene and called emergency services, the court heard.
Rockett was not speeding, she tested negative for any intoxicating substances and her paperwork and insurance was all in order, the court heard.
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When questioned by gardaí at the scene, Rockett said she was 'driving at a snail's pace', that the woman 'came out of nowhere' and the traffic light at the pedestrian crossing was green.
However, CCTV footage of the incident along with footage taken from a dashcam of a van travelling directly behind Rockett showed her car breaking the red light. The CCTV footage was played in court during an earlier sentencing and the victim covered her eyes throughout to avoid watching it.
Rockett later said she took her eyes off the road as she was looking for her sister's house.
The maximum sentence for careless driving causing serious bodily harm is two years' imprisonment and/or a fine of up to €10,000.
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Imposing sentence on Wednesday, Judge Codd said Rockett's 'carelessness was more than a momentary lapse' and that she had allowed the search for her sister's house 'to become a distraction'.
Judge Codd said it is incumbent on drivers to 'take extra care in a residential area where there is often the danger of people crossing legitimately or illegitimately'.
The judge noted that a car 'can become a maiming or killing machine if not driven with due regard for all road users, especially pedestrians'.
Judge Codd said the victim was a 'courageous and brave person' who had lived an active life before this accident. She said the woman had faced 'adversity with dignity', and that this incident 'reflects how one act of carelessness by a motorist can profoundly affect the life of another'.
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She set a headline sentence of 21 months, which she reduced to 17 months, taking the mitigation into consideration.
The judge suspended the sentence on strict conditions for one year. She also imposed a two-year driving disqualification on Rockett.
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At a previous sentence hearing, Craig Phillips BL, defending, said Rockett was very remorseful for her actions, which were entirely unintentional. The court heard she worked as a social worker for a charity but that the accident took its toll on her and she is now working in a bar. A letter of apology for the victim was handed into court.
Judge Codd noted that drivers must always be careful when driving, particularly in residential areas.
'The consequences are enormous for [the victim],' she said. 'Her life as she knew it has been undone by this accident.
'One never intends to go out and do it, but when one is driving a car there is a massive responsibility. It can have fatal consequences. I consider going through a red light to be a very serious matter, especially at a pedestrian crossing.'
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