Lurgan man, who knocked down elderly woman outside a bar after drinking Buckfast and beer, is sentenced at Craigavon court

Mark Sweeney, aged 59, from Sperrin Drive, Lurgan, appeared before Craigavon Magistrates Court.

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He had previously pleaded guilty to a raft of motoring offences including driving with excess alcohol, aggravated vehicle taking causing injury, careless driving, no insurance, no L Plates, and being an unaccompanied L driver.

Police were called by a member of the public on Friday, September 8, 2023, saying an elderly lady was laying on the ground with a head injury at the entrance to the Woodville in Lurgan.

When police arrived the lady was still on the ground. She was ‘conscious and speaking’.

“She stated she was crossing the entrance when a car struck her but that is all she could remember,” a prosecutor told the court.

Police spoke to members of the public who said they had seen a vehicle parked next to the victim shortly before police arrived but the vehicle was now parked near the bar. Sweeney was pointed out as the driver and he confirmed to police it was his vehicle.

"He initially stated he had been driving his car into the car park when he stopped after seeing the elderly female already laying on the ground. He said no other persons were near the female and he had seen no other vehicles nearby,” said the prosecutor.

She added that Sweeney claimed that while other members of the public attended to the elderly woman, he was asked to move his vehicle which he parked in the car park beside the bar. He said no one had been in the car with him.

After he was cautioned, he said the following in the police car: “She just came out of nowhere. I could have drove away but I didn’t. I could have just backed up and pissed off."

A preliminary breath test was conducted which resulted in a reading of 84 micrograms of alcohol to breath. Later an evidential breath test showed a reading of 68 micrograms of alcohol to breath. The legal alcohol limit for drivers in NI is 35 micrograms of alcohol per 100 millilitres of breath.

When the defendant was asked how much he had to drink in his vehicle, he said half a bottle of Buckfast and two bottles of beer.

The prosecutor said the victim was in her early 80s and there was no Victim Impact Statement.

Sweeney’s barrister, Mr Conor Lunny, said his client had ‘struggled for quite some time with alcohol’.

“On the night in question he had been drinking in his own house,” said the barrister, adding Sweeney had been banned from driving 14 years previously and he never resat the test. He decided, in a quest to get more alcohol, to drive in his wife’s car to a local off-licence.

“He can recall what happened. He struck the lady. Rather than evading this, he got out of the car and attempted to tend to the lady and other witnesses came to the scene, he made full and frank admissions to them and to police when they arrived,” said Mr Lunny, who said Sweeney’s “remorse is genuine”.

He said it has been more than two years since the incident and his client has “sought to tackle the issue at hand before the matter came to court”.

“You can see the strides he has made through his GP and latterly with Community Addiction,” Mr Lunny said, adding Sweeney hasn’t come to police attention since.

Before the district judge passed sentence, the prosecutor revealed that the elderly victim had suffered compression fractures, also known as frailty fractures, and had been sent home from the hospital that day with a brace although she had declined the offer of pain relief.

District Judge Ranaghan said he had listened in detail to what Sweeney’s barrister said on his behalf and has had the opportunity to properly consider the pre-sentence report.

"I am initially concerned at the impact on this elderly victim. I am impressed by some of the comments you make during your interview with Probation. I think they are satisfied there is genuine remorse and you did make a voluntary attempt to deal with your underlying alcohol condition in advance of coming to this court,” said the district judge.

"Obviously the other side of the coin is significant offending, Mr Sweeney. I can only guess a lady of that age, suffering that injury, was significantly impacted,” said the district judge. “I think it is very likely.”

“The custody threshold is passed. You are not a man who is suitable for Probation nor indeed Community Service. The only option I have is a term of suspended imprisonment which will be attached to the aggravated taking and driving away, the excess alcohol and the no insurance,” said the district judge. For each of those he sentenced Sweeney to four months in jail, each all to run concurrently and suspended for 18 months.

For driving with excess alcohol he was also given a driving ban. “I think, Mr Sweeney, you need to be off the road,” said the district judge who disqualified the defendant from driving for three years.

For the aggravated driving and taking away and no insurance he was given a two-year ban – to run concurrently.

For the no L plates, unsupervised driver and careless driving he was given a six months driving ban also to run concurrently.