S. Sheehan

Two child protection cases were heard on the same date following the proclamation of the Child, Youth and Family Services Act, 2017 into force on April 30, 2018.

The first case involved an 11-year-old autistic child brought into care due to the mother's inability to manage significant behavioural problems.

The second case involved an infant under two months old brought into care due to the mother's mental health concerns.

Both cases were at the case conference stage with adjournments granted to allow the Children's Aid Societies to develop service plans consistent with the new statutory purposes and to report back to the court.

The offender pleaded guilty to dangerous driving causing bodily harm after driving his vehicle head-on into another vehicle at excessive speed while impaired by alcohol and lorazepam.

The victim sustained severe, life-altering injuries including broken legs, crushed knee, and skull trauma.

The Crown sought 30 months imprisonment emphasizing general deterrence for otherwise law-abiding individuals.

The defence sought a suspended sentence or intermittent custody, highlighting the offender's psychological fragility, remorse, and rehabilitative efforts.

The court imposed 18 months in reformatory followed by two years probation, finding general deterrence to be the predominant sentencing principle while considering the offender's lack of criminal record and psychological vulnerability.