Courts / Dublin / Report

Care work student may have child neglect charges dropped

Date
2022-05-05
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

A 34‑year‑old health‑care student, who had driven home drunk from a friend's party with her four‑ and six‑year‑old children in the back seat, faced two child‑neglect charges and a refusal‑to‑give‑sample charge. Garda Lee Kelly stopped her car at about 4 a.m. on 1 September 2019 after noticing swerving and alcohol smell; she became abusive, shouted at her children, and refused a breathalyser. Tusla investigated and deemed the incident neglectful but found no other welfare issues; the children remained with her. She pleaded guilty to the neglect charges. Judge Melanie Greally, after hearing mitigating evidence, set a headline sentence of nine months but indicated a six‑month sentence would be appropriate.

Who, what, where, when and why

What: Report matter: Care work student may have child neglect charges dropped. Charges or matters: two charges of child neglect contrary to the Children Act, 2001 and one of refusing to give a sample, contrary to the Road Traffic Act, 2010. Procedural stage: sentence

When:

Why: She said that because the woman was "generally speaking a very good mother to her children", she believed it would be too harsh to leave her with a conviction for child neglect. CNI source report

Case subjects

Unnamed woman

Defendant

Charges: two charges of child neglect contrary to the Children Act, 2001 and one of refusing to give a sample, contrary to the Road Traffic Act, 2010 (Admitted)

Plea: Guilty

Outcome: Judge Greally disqualified the woman from driving for four years in relation to refusing give a sample to gardaí.

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court

Topics

Stage Sentence

Related court reports

Read the original CNI report

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