A farmer who was convicted of manslaughter by gross negligence for killing his elderly aunt after he drove over her in an agricultural teleporter has appealed the severity of his six-year sentence.
Lawyers for Michael Scott, 60, said that he had led a "blemish-free life" and was 53 years old when he killed his aunt, Chrissie Treacy, 76.
Michael Bowman SC, for Scott, said his client's conviction came on the basis that he had failed to keep a proper lookout or use proper caution while reversing across the yard outside Ms Treacy's home.
Mr Bowman argued that given all the circumstances, the eight-year headline sentence identified by the trial judge Ms Justice Caroline Biggs was too high.
He said the judge had made an error by putting the case at the higher end of the mid-range for manslaughter type offences.
Dean Kelly SC, for the Director of Public Prosecutions, said the judge had properly used her discretion in arriving at the headline sentence.
The only disagreement he would have, he said, was that Ms Justice Biggs had given Scott too much benefit when she reduced the eight-year headline to just six years after considering mitigating factors.
Scott, of Gortanumera, Portumna, Co Galway had pleaded not guilty to murdering Ms Treacy outside her home in Derryhiney, Portumna on 27 April, 2018.
Following a trial in 2023, a jury found Scott not guilty of murder but guilty of manslaughter on the basis of gross negligence.
Long-running dispute
The trial heard that Scott had been involved in a long-running dispute with his aunt over land they jointly owned at Derryhiney.
The Health Service Executive and gardaí had been informed of concerns regarding Ms Treacy's welfare due to her relationship with Scott.
In submissions, Mr Kelly said it is important to distinguish this case from dangerous driving causing death.
In Scott's case, he said, the jury had accepted that by reversing blindly for ten seconds across a yard outside an elderly woman's home, the defendant had caused a high degree of risk to his aunt.
There is an "enormous duty" of care, counsel said, where you are driving a "lethal weapon" which is huge, heavy and difficult to see from.
Scott had only peripheral vision in his right eye yet decided to look over his right shoulder while reversing, counsel said.
Had he looked to the left, he would have seen his aunt, Mr Kelly said.
Mr Kelly said Ms Justice Biggs applied a generous discount to the headline sentence, partly on the basis that Scott had shown remorse.
However, Mr Kelly said that remorse had come "dropping slow" and in the words of the trial judge, he "didn't think about her [Ms Treacy] at all" when reversing blindly across the yard.
Scott's life not 'blemish free' - counsel
Mr Kelly said that while Scott had no previous convictions, his life was not "blemish free".
Counsel pointed to evidence that he drove a friend of Ms Treacy's off the road and that he was heard banging a table during a "to and fro" with his aunt about land.
A solicitor acting for Ms Treacy told the trial of his shock at the "utter vehemence and anger" Scott expressed during a phone call regarding the same issue.
Another witness said that about three months prior to the killing, Scott was "enraged" and warned "this will end badly," referring to the dispute with his aunt.
Counsel also referred to Scott's "obnoxious" behaviour towards his aunt during her life.
After the killing, Scott did not call emergency services but phoned a friend and waited for him to arrive, Mr Kelly said.
He later claimed he did not know the number for the local hospital or doctor and was not aware that you could contact ambulance services by calling 999.
Mr Justice Patrick McCarthy, with Mr Justice Brian O'Moore and Mr Justice Michael MacGrath, reserved judgment.
Scott told lies for 'self-preservation' - judge
Following Scott's trial two years ago, Ms Justice Biggs said that had Scott "thought about it at all" he would have realised the risk caused by him reversing the machine across the yard while his view was obstructed.
She said that Ms Treacy was entitled to feel safe outside her home and she put Scott's culpability higher than in a case of dangerous driving causing death.
Ms Justice Biggs also pointed to a number of lies told by Scott to gardaí after the killing when he said that his relationship with his aunt had been "the finest" and they only ever argued over small things.
She said he also lied when he said that following the collision his aunt was still alive, he heard her breathing, saw her moving, did not notice any injuries on her and did not think she would die.
Ms Justice Biggs said these lies were told for "self preservation" and that he showed little care for his aunt at that time and showed "no remorse" in the immediate aftermath of the killing.
However, the judge also accepted that Scott has more recently expressed genuine remorse and reports from the probation services suggest he has insight into the impact the killing has had.
He had no previous convictions and the judge described him as a hard-working family man who was responsible in his business affairs.
The judge also noted that Scott has indicated that he accepts the jury's verdict.
