Gareth Jones, aged 22, swerved to avoid three of the boy’s friends as they crossed the road but hit Paul McCormack, aged 16, who had changed direction to try and get back to the path.
Dublin Circuit Criminal Court heard there was a fault with the ABS braking system in his Toyota Avensis but there was no indication Jones was aware of this. The car had a valid NCT.
Yesterday, Michael Bowman SC, defending, told the court the victim’s mother, Valerie Hyland, had given Jones a letter prior to the hearing. He said the letter communicated an extraordinary degree of understanding and forgiveness.
He said there was no enmity between the families. He said the events had been a tragedy for all concerned.
Jones, of Mellowes Park, Finglas, Dublin, pleaded guilty to careless driving causing the death of Paul McCormack at Tolka Valley Road, Finglas, on June 26, 2015. He has two minor previous convictions.
The court heard Jones told gardaí he was doing 70kph- 80kph in the area with a limit of 50kph. After the collision he stayed at the scene, accepted responsibility, and called an ambulance.
The maximum term for this offence is two years.
Judge Melanie Greally said she had to take into account the general deterrent factor of the sentence imposed and did not think a community-based sanction would have the necessary deterrent effect. She imposed a nine-month sentence and disqualified Jones from driving for five years. She expressed her condolences to the McCormack family.