15-05-2025
Anthony McGinn sentencing explained: Why debs crash driver got seven years
The judge who sentenced fatal debs crash driver Anthony McGinn stated that he was 'bound' to reduce his sentence due to certain mitigating circumstances.
He did however tell the court that he was jailing him at the upper end of the maximum possible sentence for the offence of dangerous driving causing death - which is 10 years.
He was bound by the law to act in those constraints - and could not jail him to any more than that. But the fact that McGinn had pleaded guilty at an early opportunity, coupled with his 'remorse' and lack of convictions, meant the sentence fell to seven years.
With enhanced remission and good behaviour behind bars, McGinn could see himself freed from custody in just under five years.
In most cases where people are killed on our roads in criminal circumstances, gardai opt to charge the offender with dangerous driving causing death - or in more mitigating cases, 'careless' driving causing death.
In rare cases a person has been charged with murder, where gardai believe the evidence shows intent to kill.
Ireland does not have a 'vehicular homicide' charge that exists in some other jurisdictions - often with a maximum sentence of life imprisonment.
However McGinn faced two charges of dangerous driving causing death, which under the Road Traffic Act 2011, has a maximum penalty of 10 years in prison.
He also faced dangerous driving causing serious injury to Avin Mohamed, who survived the crash.
However as is typical in first time offences, McGinn's three charges were taken together - and he is to serve a concurrent sentence of seven years for each - meaning he only serves seven years as opposed to each one back to back.
He was also banned from driving for a period of 15 years.
