The driver of a stolen car who knocked down and killed a mother of three children was freed on conditions by the Court of Criminal Appeal yesterday having served six years of a 10-year sentence.
The court suspended the remainder of the term imposed on James Carey on his entering a bond of €100 to keep the peace and be of good behaviour.
Carey (26), formerly of Riverstown, Glanmire, Co Cork, admitted the manslaughter of June Atkins (41), Lower Pouladuff Road, Cork, on December 13th, 1998, and was jailed in 1999 for 10 years.
When Carey's sentence came up for review on April 27th last year, the trial judge refused to reduce the sentence after asking John Atkins, Ms Atkins's husband, for his view on the 10-year sentence.
The trial judge also told Mr Atkins at that time that a judge would often suspend the balance of the sentence at the review stage. Mr Atkins had replied: "My view is that 10 years should be 10 years".
In his appeal against the severity of sentence, a central ground was that the question posed by the trial judge to Mr Atkins was not proper.
Giving the decision of the appeal court yesterday, Mr Justice Hardiman, with Mr Justice Budd and Mr Justice MacMenamin, said the death of Ms Atkins occurred after Carey had stolen a car.
With others in the car, he had driven recklessly and killed Ms Atkins instantly while she was crossing the road. She was accompanied by her husband.
Mr Justice Hardiman said the court was quite satisfied that the question asked by the judge at the review was not a proper one. The selection of penalties was in many cases a part of the judicial function reserved to the judge, and the question was unfair, he said.
He said the court would allow the appeal and suspend the balance of the sentence.