A County Tyrone man who allowed two young children to drive a truck, which he filmed and posted online, has avoided jail time, despite the crimes he committed while on probation following a harassment conviction.
The boys, one aged six and the other aged eight, drove the vehicle on the M1 motorway near Dungannon, with the defendant filming them while sitting in the passenger seat. He then posted this video online.
The defendant, who is in his 40s but cannot be named to protect the children’s identities, initially denied allegations of child abuse through willful mistreatment and neglect, exposing both boys to unnecessary suffering or damage to health.
He further denied complicity in dangerous driving and complicity in driving while being disqualified on grounds of age, along with dangerous driving at his own expense during the September 6, 2020, incident.
In June last year, the defendant appeared in the dock at Dungannon Crown Court and pleaded not guilty.
However, during a review last month, a defense attorney asked that his client be retried on three counts, which were accepted.
Each involved one count of child abuse, dangerous driving, and aiding and abetting a child to drive dangerously.
A prosecutor’s attorney advised that the guilty verdicts were acceptable and that the remaining cases could be left on the books.
The court heard police came out after the video was widely shared on social media, showing a boy in the driver’s seat driving the truck while the younger child stood behind him in the taxi.
The footage also captured the highway and other traffic using it at the time.
Judge Brian Sherrard adjourned the case to allow for the preparation of the criminal reports and told the defendant on his return today: “You have clearly put these children and other road users at a very high risk of injury.
“Your actions showed extreme irresponsibility. You let these guys drive, and you filmed this, posted one of the videos online, which led to a police investigation.
He noted that while the prosecution mainly related to child abuse, it was on the basis of neglect or failure to protect against harm, which “was not extended and could be considered an error of judgement. Fortunately, although you have created a huge risk, no actual damage has occurred.
Nevertheless, he continued: “The children are sadly but inevitably aware of this case and are concerned about the outcome. That’s not surprising given your decision to both record and broadcast your offense, which no doubt exacerbates this matter.”
It turned out that the defendant had received a suspended prison sentence for harassing an ex-partner, which had been imposed just months before the last offense occurred. He also held a previous record for numerous driving cases, some of which were settled with disqualifications.
While Judge Sherrard felt the custody was deserved, he added, “Jailing you would actually harm the children, when it is believed that the offender did not.”
Instead, he ordered the defendant to perform 240 hours of community service and did not activate the existing suspended sentence, but ruled that it would be extended for another two years.
Finally, Judge Sherrard imposed a 16-month driving ban, stating: “Disqualification is inevitable given the extreme stupidity and irresponsibility of your actions, which you repeated and posted online.”