A man who struck a three-year-old with his car has been jailed for two years and banned from driving for 15 years.
Sandile Hlatshwayo (43) of Riverwood Hall, Castleknock, Dublin 15, pleaded guilty on a trial date to a charge of endangerment on October 31st, 2020.
He further pleaded guilty to failing to remain at the scene of a collision, failing to provide a sample for testing, and driving without a licence, all on the same date. Hlatschwayo has 26 previous convictions, the majority for road traffic offences, including four for drink-driving.
Dublin Circuit Criminal Court heard that Hlatshwayo was the driver of a car which knocked over a three-year-old on his bike, who had been crossing from kerb to kerb, with his parents.
The child was taken to hospital with fractures to his leg and ankle and required emergency surgery and pins inserted into his leg.
In a victim impact statement, the boy’s parents said they had been on their way to the playground when the incident occurred.
They said they would never forget their son’s screams of agony when he was taken to hospital.
They outlined how the young boy thought for a long time afterwards that a car was going to come in through his bedroom window and kill him.
The young boy also developed separation anxiety and continues to suffer night terrors in the wake of the incident, the court heard.
The boy’s parents said they understand accidents happen, but could not understand how anyone could drive away and “leave a three-year-old” on the ground.
Imposing sentence on Thursday, Judge Elma Duffy set a headline sentence of four years but imposed an actual sentence of three years, with the final 12 months suspended.
Judge Duffy also disqualified Hlatshwayo from driving for 15 years and ordered him to keep the peace and be of good behaviour for 12 months on his release from prison.
The judge said it was “incomprehensible” that having knocked over a three-year-old child who was taken away in an ambulance, Hlatshwayo’s level of aggressive and threatening behaviour was such that extra gardaí were required to deal with him.
“This has had a huge impact on the life of the entire family,” said Judge Duffy, pointing out that the child had to undergo a year of hospital visits, each one traumatic.
'Appalling' history of driving offences
Judge Duffy described Hlatshwayo’s previous history of driving offences as “appalling” and said the accused had clearly, several times, made the decision to get back into the car when intoxicated and despite the fact that he could no longer get insurance because he’d been taken off the road.
“This was a mistake that was made on an ongoing basis, to keep getting back into the car,” said the judge.
She said Hlatshwayo had driven into a gated estate, where he knew there were families present, driving at excessive speed, and having knocked over a child, had then made the decision to leave at excessive speed.
The judge accepted that Hlatshwayo has not engaged in offensive behaviour for a period of time and instructed that he stopped drinking alcohol last December, although she says there is no particular evidence of that.
An investigating garda told Simon Matthews BL, prosecuting, that Hlatshwayo drove into the housing estate at speed around 4pm and struck the child, who was on a bike and crossing kerb to kerb with his parents.
When gardaí arrived, Hlatshwayo was parked nearby, but then left the scene. He returned a short time later and appeared intoxicated when gardaí spoke to him.
He was arrested, but became aggressive towards gardaí.
Hlatschwayo was taken to Blanchardstown Garda Station, where he was seen by a doctor due to his level of intoxication. He refused to provide a sample for testing when asked by gardaí.
The garda agreed with Oisin Clarke BL, defending, that minor damage was caused to the front bumper of the car and to the boy’s bike.
It was further accepted that most of Hlatshwayo’s convictions have occurred since 2020, with his most recent offending in 2023.
Mr Clarke noted that his client has an “appalling record” of previous convictions and appeared to have a “lack of regard” for road traffic laws.
Counsel said his client had issues with alcohol, which had deteriorated during the Covid-19 pandemic when he wasn’t working, and his behaviour at the garda station was caused by intoxication.
Alcoholism was at the “foundation of his offending behaviour”, Mr Clarke said.
He outlined to the court his client’s personal circumstances and background. Hlatshwayo has a good work history.
Hlatshwayo is married and supports his wife, who has health issues, and his son.
A letter of apology from Hlatshwayo and a testimonial from his wife were handed to the court.
Judge Duffy wished the child’s family well and expressed the hope that he would continue to do well and recover.
She suspended the final 12 months of Hlatshwayo’s sentence in order to incentivise him to return to work and to being a contributing member of the community.
