Dubliner Carl Scully, who struck and killed Devin Shepherd, 7, had previously caused the death of a pedestrian
Carl Scully previously received a six-month suspended sentence in June 2023 for careless driving that resulted in the death of a man
Dublin Criminal Court heard how Carl Scully, 34, checked the mirrors of his sweeper before reversing, but did not observe the screen of a rear-view camera in his vehicle, which would have shown the child moving towards the sweeper.
Family members described Devin Shepherd, 7, as a well-loved boy, an intelligent, outspoken, energetic, kind and caring boy who was loved by his classmates and family.
Scully had previously given a six-month suspended sentence in June 2023 for negligence that resulted in the death of a man nine months earlier.
Scully, of Glenhill Road, Finglas, pleaded guilty on Monday to careless driving resulting in the death of Devin at St Joseph’s Way, Poppintree, Ballymun on September 1, 2019.
He has been convicted in district court 15 times in 2009 and 2013. He has already been convicted twice in traffic for failing to return taxes.
The court heard that nine months before Devin’s death, Scully had driven his own car into a bus lane before it was allowed, resulting in a fatal collision with Anthony Hanney, 61, who was crossing the road in traffic towards his home in Finglas Road on December 12, 2018.
Sentencing Scully to 18 months in prison today/yesterday (MON), Judge Pauline Codd said it was a very sad and difficult case in which a beloved child died as a result of the defendant’s careless driving.
She said the maximum sentence available to the court for this offense was two years’ imprisonment.
She noticed that Scully had been operating a sweeper at the location and while backing up, he collided with a small child, Devin, who came running behind him.
Judge Codd said that the children running around were quite obvious to those present and that while Devin was not particularly supervised, other adults were also present.
She said any careful driver knows that children are capable of anything because they are unaware of dangers and unable to assess them like adults would. She said it is incumbent on a driver to be extremely careful around children.
Judge Codd, who viewed CCTV footage of the events in her chambers, said based on her observation the vehicle was driven brusquely given the presence of children.
She said the decision to reverse came suddenly and was not taken with the due care required in the presence of children. She said Scully was a well-trained industrial vehicle driver and it was his duty to exercise greater care.
She noted that it was common for him to move at low speeds. She said he remained at the scene, tried to help Devin and was in a state of shock.
She said the crime was not a high-level felony, but Scully has a prior conviction for careless driving resulting in death.
She said the court took into account Devin’s devastating loss to those close to him and extended its condolences to his family in their great grief.
Judge Codd said in cases like this the measure of a sentence was not a measure of the value of a deceased person’s life, but of the guilt of the accused person in the circumstances. She said the sentencing was not an exercise in revenge or retaliation by the victim.
She said the main issues surrounding the driving were the decision to suddenly reverse and failing to look at the camera to make sure no one was behind him, even though there were children nearby.
She set the main penalty as a prison sentence of 24 months, the maximum sentence.
In mitigation, she took into account his admission of guilt, his personal circumstances and his expression of remorse in a letter submitted to the court. She also noted a psychological report that outlined Scully’s emotional and mental health problems. She took into account his commitment to his children.
She imposed an 18-month prison sentence and disqualified him from driving for 10 years.
Scully interjected and asked the court to revoke his license for life.
Devin’s sister Yasmin told the court in her victim impact statement that Devin’s loss had torn her family apart and she was unable to enjoy birthdays, Halloween and Christmas. She described the pain and grief she continues to feel and the depression her father suffered.
She said the family had not received an apology or shown any remorse.
Devin’s mother, Geraldine, described in her victim impact statement how Devin shaped her life, describing him as an intelligent, outspoken, energetic, kind and caring boy who was loved by his classmates and family.
She described her devastation and said he had been taken from the family by Scully’s actions. She asked the judge to impose a long sentence.
