Juvenile who seriously injured toddler in scrambler crash gets suspended sentence – The Irish Times | Wonder Mind Kids

A teenager who caused “serious and life-threatening injuries” to a toddler after crashing into a stationary quad bike with a borrowed Scrambler bike has been given a suspended sentence.

Gary Foy (21), of Beech Grove, Johnstown Wood, Navan, Co. Meath, pleaded guilty to causing grievous bodily harm by careless driving at a west Dublin park on 17 September 2020.

He further pleaded guilty to driving without insurance and driving under the influence of an intoxicant in relation to cannabis found in his system. Foy has no criminal record.

sentencing at Dublin Circuit Criminal Court on Thursday, Judge Melanie Greally said it was a “serious case of careless driving”.

She said the offense happened at a park where individuals ride quad bikes and scramblers recreationally, but said the area was unsuitable for the purpose.

Judge Greally issued a 16-month sentence, which was suspended on severe terms, relating to the negligent driving charge and a community service order relating to the two remaining counts.

Dublin Circuit Criminal Court previously heard Gardaí learned a young child suffered serious injuries following a scrambler collision.

The two-year-old was taken to hospital and Foy was lying on the ground not far from a cliff when gardaí arrived. There was an ATV at the scene, but the scrambler was gone.

Foy, who was wearing a helmet, spoke to Gardaí and told them he couldn’t remember what happened. He was taken to the hospital and became upset when he asked about the child.

Foy told Gardaí he was driving a Scrambler and then woke up on the ground. He said he was told he hit someone on a quad bike. He didn’t know where the bike he was riding went to.

The baby’s mother described how she sat on the stationary quad bike with her son, who was wearing a helmet, while chatting to others before a scrambler came over the hill.

She said it came towards her and she tried to grab the baby but couldn’t remember much else.

Good driver

When interviewed, Foy, then 19, said he was familiar with the park and had been riding a bike for 10 years. He said there was a “set route” with a jump over a ridge. He said he had ridden that route hundreds or thousands of times and thought he was a good driver. He told gardaí that you can’t see what’s on the other side of the ridge, but “everyone knows” that bikes go over it.

He said he asked to ride someone else’s bike and jumped. He said he was driving 20 to 25 km/h. He couldn’t remember what happened and the next thing he had to do was go to the hospital.

Garda Aidan Shaughnessy told Judge Greally that it is a public park and no quad bikes or scramblers are allowed in the area.

The court heard that the child was seriously injured and suffered traumatic brain injury. He has been doing well since his release, but will require further rehabilitation services. No victim statement was made.

A medic said the child was the most seriously injured two-year-old they had treated and survived to date.

No current information on the child’s condition was presented to the court for the final hearing.

Garda Shaughnessy agreed with David Staunton BL, defending that Foy had never come to the attention of Garda for any matter or activity, had an “excellent attitude” and was repentant.

The Garda agreed with the attorney that Foy had grown up close to the accident but had moved in with his grandparents. He agreed that Foy openly acknowledged his behavior and attempted to make amends.

Judge Greally ended the verdict, saying the court must consider the serious injuries the child sustained, although it is not possible to say the long-term effects.

She said the court must also consider the manner in which the vehicle was driven and that it was used in an inappropriate environment while under the influence of cannabis.

Judge Greally set a principal sentence of two years on the negligent driving charge and principal sentences of five months each on the other two counts.

pangs of conscience

Regarding mitigation, Judge Greally found that Foy had taken steps to remove himself from his former peer group and to deal with his addiction issues. She also noted his guilty plea and genuine remorse.

She was handed a 16-month prison sentence for negligent driving, which was suspended under strict conditions. Judge Greally handed him 180 hours of community service in lieu of a three-month sentence on the remaining two counts, both of which were scheduled to run concurrently.

She also placed Foy under probation supervision for 12 months and suspended his driver’s license for five years.

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