Northern Ireland

Enda Dolan: Lord Chief Justice's office responds to sentencing outcry

David Lee Stewart was sentenced on Wednesday
David Lee Stewart was sentenced on Wednesday

THE Lord Chief Justice's office has issued details of how the judge reached his sentencing decision in the Enda Dolan hit-and-run case.

It follows widespread outrage over the drunk driver who killed the 18-year-old from Co Tyrone receiving a jail term of just three-and-a-half years.

David Lee Stewart (31), of Grays Park Avenue in Belfast, will also serve the same period on licence for knocking down the student as he walked along the city's Malone Road.

His passenger, William Ross Casement (21), of Belvoir Drive, received 50 hours community service, two years on probation, and a 12-month driving ban.

The pair, who had been drinking heavily before the fatal crash in October 2014, drove away from the scene before crashing again shortly afterwards.

A summary of Judge Gordon Kerr's sentencing remarks state that the maximum sentence for causing death by dangerous driving is 14 years.

In considering Stewart's case, the judge said it "falls into the category of the most serious culpability and in my view at the upper end of that range".

However, he went on to say "In my view the proper starting point for sentencing is 12 years", before then considering mitigating factors for Stewart such as his remorse, guilty plea and previous record.

In response to concerns over the case, a Lord Chief Justice's office spokeswoman said in a statement: "Sentencing in individual cases will depend on the specific circumstances.

"The main factors the judge must take into account when determining the appropriate sentence for a particular offence or offences include the maximum sentence the court can impose, any sentencing guidelines relevant to the offence committed, whether the offender pleaded guilty, the seriousness of the offence including the harm caused, the offender's previous convictions (if any), and any aggravating and mitigating factors."