‘Good Samaritan’ had drugs in his car when he crashed into a field outside Clonmany

A ‘Good Samaritan’, who had cocaine in his possession when he crashed his car into a field without insurance, has avoided a driving ban and a conviction for drugs.

Davin Canny, of 36 Convent Road, Carndonagh, pleaded guilty to charges of driving without insurance and possession of drugs, contrary to Section 3 of the Misuse of Drugs Act, when he appeared before Carndonagh District Court.

Defence solicitor Ciaran MacLochlainn said his client, a self-employed plasterer, was acting as a ‘Good Samaritan’ and had gone to collect a girlfriend when he crashed his vehicle.

Mr MacLochlainn pleaded with Judge Monika Leech to spare Mr Canny (24) a disqualification on a first offence and a conviction for drugs, given that it would scupper his hopes of emigrating to Australia next year.

Judge Leech described the young Carn man’s actions as “wanton folly”, but she agreed to “give him one opportunity”, given the way in which he had met the case and accepted responsibility at the very earliest opportunity.

Garda Sergeant Conor Mulkerns presented the facts of the case in court.

He outlined how gardai had received a report of a road traffic accident at Crossconnell, Clonmany, on Saturday, September 28, 2024.

Garda Jordan Quinn arrived at the location at 7.07am that morning, when he observed a UK-registered grey Seat Exeo car in a field with “substantial damage”.

Two individuals were standing nearby, and Mr Canny identified himself as the driver. He was subsequently cautioned and made admissions to driving the vehicle.

Garda Quinn made a legal demand for him to produce details of his insurance but he failed to produce the required documentation.

Sgt Mulkerns further told the judge that Mr Canny was arrested in relation to offences that are not before the court, and while in custody, during a search, two small bags of cocaine were discovered on his person.

Sgt Mulkerns said the value of the cocaine found was €100, while Mr Canny had no previous convictions and was fully cooperative with gardai.

Defending the matter, Ciaran MacLochlainn said his client was attempting to come to a friend’s aid when the crash occurred.

“He’s a 24-year-old man who lives at home with his parents, and he’s here in court with his parents. He works as a self-employed plasterer.”

“He was at home in bed that morning, and he got a phonecall from a girlfriend who was stuck in Ballyliffin and she asked him for a lift home.”

“She sounded very distressed and he acted as a Good Samaritan; he got out of his bed and drove to Ballyliffin to pick the young girl up, but unfortunately, on his way back to Carndonagh, he lost control of the car.”

Mr MacLochlainn said Mr Canny’s car was badly damaged following the collision.

“He wasn’t insured and he’s now at the loss of the car, which cost him €3,000.”

The Buncrana solicitor then urged Judge Leech to be as lenient as possible, given the circumstances.

“He needs his licence for work. He works in Letterkenny and all around the county, and if he loses his licence, then he’ll lose his job too.”

“He’s also hoping to go to Australia next year, and a conviction for possession of cocaine would prevent him from getting a visa for Australia.”

Mr MacLochlainn added: “I would ask you not to disqualify him for the no insurance charge, and furthermore, if you could see your way to not imposing a conviction on the cocaine charge, he would be prepared to make a charitable donation instead.”

Judge Leech described Mr Canny’s actions as “wanton folly” and said he was very lucky that no one was seriously injured.

“I note that this was an act of wanton folly on the part of the accused. This happened at 7.07am, and it is but for the grace of God that no one else was involved in this accident.”

“However, I note that he has pleaded guilty at the very earliest opportunity.”

The judge then exercised her discretion and did not impose a disqualification on the charge of no insurance, “in circumstances where he has pleaded guilty and taken responsibility for his offending”.

“It is hoped that he has a bright future ahead of him, and the court would like to give him an opportunity on this one occasion, stressing that if he comes back before the court again he will be disqualified.”

Judge Leech imposed a fine of €450, with three months to pay.

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Turning to the separate charge of cocaine possession, she said it was “concerning that he was in possession of cocaine while he was driving the vehicle.”

However, she agreed to give Mr Canny another chance to make amends by making a charitable donation to the Donegal Hospice in lieu of a criminal conviction for drugs.

“I am always of the view that the court has to give an opportunity in circumstances where there aren’t any previous convictions.”

“It may be the case that he may wish to enter a country where he needs a visa, and I don’t intend to deprive him of that. But I do want him to reflect on his foolish actions, so I’m going to suggest that he make a donation to the Donegal Hospice in the amount of €300.”

Judge Leech will strike out the charge of drugs possession if a receipt for €300 is produced at the next sitting of Carndonagh District Court on November 18, 2025.

Should Mr Canny fail to make the donation in time, though, he will be convicted and fined €450.

“The court has given you this opportunity. So you are free to go,” the judge said to the defendant.

“Thank you,” replied Mr Canny as he left the courtroom.