A truck driver who hit a baby after running a red light has received a suspended prison sentence.
The ublin Circuit Criminal Court heard that a one-year-old baby suffered a skull fracture and broken ribs after the van in which he was traveling was driven by a truck driven by Fred Davis (42 years old) on June 21, 2017.
The child was hospitalized for 13 days but later recovered from several injuries.
Davis, a painter and decorator, was driving his truck to work when he failed to see a red light at a pedestrian crossing on Malahide Road, in Coolock, north Dublin.
Garda Paul Sweeney testified in court that a Dublin bus had stopped at a pedestrian light in the bus lane to the left of the outside lane Davis was driving.
Turning the green light for pedestrians to cross the street, the child’s mother was pushing the buggy across the street.
She pushed the bus over the bus and the truck was then hit by the truck and traveled a short distance.
The court heard Davis, who had no other criminal record, got out of his car, ran to and knelt in front of the buggy and the child on the street.
Davis of Morne Road, Drimnagh, Dublin, later pleaded guilty to driving without proper care and attention, thereby causing serious harm to a child.
Garda Paul Sweeney said Davis had his son, about the same age as the victim, in his truck at the time.
He agreed with the prosecution of Pieter Le Vert BL, that there was no evidence of speeding and that Davis passed a breath alcohol test.
Keith Spencer BL, defense, told the court his client was a family man and he deeply regrets it at the time of the incident and continues to do so.
He said he is a self-employed decorator and needs his truck to work.
Judge Orla Crowe noted the mitigating factors the defense offered, as well as his plea.
This is a momentary distraction that has terrible consequences for the infant and her mother, she says.
The court said the child’s mother struggled with post-traumatic stress disorder.
Judge Crowe said the child had to overcome many adversities.
She said that with Davis’ sincerity of remorse, she did not see the principle of deterrence that could be enforced in any way by a detention sentence.
The judge noted that case law provides that in some cases a disqualification order can have a punitive effect exclusively on a particular defendant.
She said she was pleased that the four-year ban she would impose in this case would be a punishment for Davis.
She put out a six-month sentence but suspended this.
The maximum penalty for this offense is two years.
Judge Crowe said she wished the child and his mother all the best. Victims cannot be identified under the Children Act.
https://www.independent.ie/irish-news/courts/van-driver-42-who-broke-red-light-and-hit-baby-in-buggy-avoids-prison-sentence-41404573.html Driver Van (42 years old) ran a red light and hit a baby on the bus to avoid prison