S.C.I.D.
  
 Scotland's Campaign against Irresponsible Drivers
    Supporting Victims of Road Crashes

 

In the Courts

Date

Brief Outline

Court

Outcome in Court

Sentence

Causing death by Careless Driving

26/07/2012

John Cameron, aged 51, driving a Land Rover ran over and killed mother Jennifer Chalmers, aged 53, who was driving her scooter.

Stonehaven
Sheriff Court.
 Sheriff David Hall
.
Cameron's solicitor Derrick Nelson said there had been a "momentary lapse" in the driver's concentration.

Pled not guilty to causing death
by careless driving.

Jury found Cameron guilty after an 8 day trial.

200 hours of community service.

Banned from driving for two years.

13/09/2012

Bus driver Gary Kearney, aged 41, failed to see Beata Torz as she crossed a road in Glasgow.

Glasgow Sheriff Court.
Sheriff Cathcart
  said had he (Kearney) carried out “proper observations” he would have avoided Ms Torz.

Pled guilty to causing death by careless driving.

270 hours community service.

Disqualified from driving for 15 months.

9/08/2012

Jamie Murray, aged 22, lost control of his car on the A92, killing his girlfriend passenger Sara-Louise Scott.

Kirkcaldy Sheriff Court.
Sheriff Grant McCulloch.
“I am of the view that a custodial sentence is not necessary.”

Pled guilty to causing death by careless driving.

275 hours community service.

Banned from driving for six years.

15/06/2012

Gary McCrohon, aged 33, lost control of his sports car while driving along the other side of the road. The vehicle smashed through the central reservation into the car being driven by William Cable, aged 79, and his wife passenger Elizabeth, 78 killing them both.

Aberdeen Sheriff Court.
Sheriff William Summers

Pled not guilty to causing the deaths
by careless driving.

Found guilty because he was driving too fast for the road and weather conditions and travelling too close to the vehicle in front of him.

1000 fine and disqualified from driving for 12 months.

Date

Brief Outline

Court

Outcome in Court

Sentence

12/07/2012

Megan Mitchell caused the death of 21 year old colleague Leanne Slesser by driving at excessive speed for the road layout and conditions allowing the vehicle to cross on to the wrong side of the road and collide with a cottage.

Aberdeen Sheriff Court
Sheriff Napier
said; “Even in cases where custody may be an option I am bound by Scottish legislation to consider alternatives to custody and only to impose custody where there is no realistic alternative.”

Pled guilty to causing death by
careless driving
Full sentencing statement can be found at;

http://www.scotland-judiciary.org.uk/
8/919/HMA-V-MEGAN-MITCHELL

200 hours community order together with a Restriction of Liberty Order of 5 months.

Disqualified from driving for 4 years.

Re-sit a test at the end of that period.

28/09/2012

Rehman Afzal, aged 28, knocked down and killed pedestrian Dan Roberts, aged 40, and did not call 999 as it would use up credit on his mobile phone.

Glasgow Sherriff Court
Sheriff John Beckett QC
said; “As a result of the way you drove your vehicle, Daniel Roberts lost his life, without warning he was lost to his family and friends. Mr Roberts' wife has lost her life partner".

Pled not guilty to causing death by careless driving.  Found guilty.

Afzal is appealing his conviction.

300 hours community service and a 12-month driving ban.

Re-sit a test at the end of that period

22/03/2012

Brian Shingleston, aged 58, drove on the wrong side of the road crashing into the car being driven by Mark Hoare, aged 22, causing his death.

Kirkcudbright Sheriff Court.
Sheriff Alastair Brown

Pled guilty to driving without due
care and attention

12 month custodial sentence.

Disqualified from driving for 2 years. Re-sit test.

25/01/2013

Douglas Calder, aged 38, crashed his Porsche Carrera 911 S2 at speed in April 2011 causing the death of William Webber, aged 36, and injuring himself.  Calder denied causing the death of his passenger and friend by driving dangerously.

Edinburgh High Court
Lord Stewart
 said “The verdict leaves it for me to assess the degree of carelessness.” “I regard this as a serious case of careless driving.”

He was found guilty by a jury of the lesser charge of causing death by careless driving.

18 month custodial sentence.

4 year disqualification from driving. Re-sit test

Date

Brief Outline

Court

Outcome in Court

Sentence

Causing death by careless driving under the influence of drink

13/06/2012

Anthony Grant, aged 22, caused the death of friend and passenger John Edward Quinnin, aged 22, by driving fast under the influence of alcohol, with no valid licence and with no insurance.

Edinburgh High Court.
Lady Stacey
said; You have convictions for driving without a licence and without insurance. You have two convictions for driving which under the influence of alcohol. You have other convictions. You are plainly a danger to yourself and to other road users.”

Pled guilty to causing death by careless driving while under in the influence of alcohol

 Appealed against sentence  ANTHONY TALLARN GRANT v. HER MAJESTY'S ADVOCATE

Lord Mackay of Drumadoon

Lord Philip

http://www.scotcourts.gov.uk/
opinions/2013HCJAC11.html

Sentenced to 8 years custodial sentence, being discounted from 12. Disqualified from obtaining a driving licence for 10 years and until he passed the extended test.

Other charges sentenced to16 months’ imprisonment and that was discounted from 2 years. Disqualified from driving for 2 years.
All sentences run concurrently.

On Appeal: This case as one falling within the description of "careless driving falling not far short of dangerousness” reduced custodial sentence to seven years four months.

15/08/2012

Stuart McCulloch, aged 28, had a provisional driving licence and initially denied driving with excess alcohol at speed before crashing and killing passenger, Michael Cameron.

Edinburgh High Court.
 Lord Pentland
said;"Despite your inexperience as a driver and your drunken state you made a deliberate decision to drive.”

Pled guilty to causing death by driving carelessly while unfit because of drink.For full sentencing statement
HMA v STUART DAVID McCULLOCH

http://www.scotland-judiciary.org.uk/
8/927/HMA-v-Stuart-David-McCulloch

5 year custodial sentence (Discounted sentence for early guilty plea - would have been 7 years)

10 year disqualification from driving (would have been 15 years). Re-sit test.

03/10/2012

James Morran, aged 60, undertook long journey whilst having had little sleep and after having consumed alcohol crashed into the car being driven by Peter Harper, aged 44, killing him.

Edinburgh High Court 
Lord Turnbull

Sentencing statement can be found at:

http://www.scotland-judiciary.org.uk/
8/940/HMA-v-JAMES-MORAN

5 custodial sentence reduced to 4 years and 4 months.

Disqualified from driving for 10 years. Resit test.

Date

Brief Outline

Court

Outcome in Court

Sentence

19/07/2012

Jamie Fleming, aged 20, had no insurance and was almost twice over the drink drive limit when he crashed his car at speed killing his friend Ricky Brown aged 18.

Edinburgh  High Court
 Judge Lady Stacey
 said that his record was "a troubling one" with a previous conviction for careless driving and two warnings from police over motoring incidents.

Pled guilty to causing the death of
Ricky Brown by driving carelessly
and with excess alcohol.

Opinion of the court
 
JAMIE ANTHONY FLEMING v.
 HER MAJESTY'S ADVOCATE
APPEAL AGAINST SENTENCE

 http://www.scotcourts.gov.uk/
opinions/2013HCJAC12A.html

5 year custodial sentence.

Disqualified from driving for 8years

Sit extended driving test

Appealed against sentence.

Disqualification reduced to  6 years 8 months

11/01/ 2013

Andrew Russell drove dangerously, under the influence of drink and without a valid driving licence or third party insurance causing the death of pedestrian Steven James McCann.

Glasgow High Court
Lord Turnbull
said he had two previous convictions for driving with an alcohol level in excess of the prescribed limit, a conviction for careless driving and a conviction for driving disqualified.

Pled guilty.

Sentencing statement can be found at:

http://www.scotland-judiciary.org.uk/
8/974/HMA-V-ANDREW-RUSSELL

Custodial sentence 4 years and 11 months.

Disqualified for 10 years on any licence he will hold which would  be endorsed.

Driving under the influence of drink

26/10/2012

Biologist Jason Henry, aged 42, was spotted staggering towards his motor before stunned passers-by managed to stop him driving off. He was more than 4 times over the drink drive limit.

Perth Sheriff Court
.
Sheriff Robert McCreadie.
“It is quite clear you are a man who is law abiding” and “had a pro-social lifestyle and a good job”.

Henry pled guilty  to being drunk in charge of his car

720 and banned him for year,

In spite of this being his second drink drive offence

Earlier this year, the sheriff failed to impose the three-year mandatory ban on drink driver Daniel Peach after he admitted his second offence.

Date

Brief Outline

Court

Outcome in Court

Sentence

Causing Death by Dangerous Driving

14/11/2012

Arthur MacVean, aged 64, was driving at 65mph, twice the speed limit when he hit and killed David Young, aged 26.

Edinburgh High Court
Lord Brailsford

Pled not guilty to causing the death by dangerous driving. Found guilty. His legal team brought in an expert who said MacVean could be in the early stages of frontal lobe dementia, but a Crown expert refuted this.

4 year custodial sentence

Disqualified from driving for ten years. Re-sit a test.

30/10/2012

Michael McInnes, caused the death of pedestrian Robert Dickie, aged 17.

Glasgow High Court
Lady Stacey

Pled guilty to causing death by dangerous driving.

Full sentencing statement can be found at;

http://www.scotland-judiciary.org.uk/
8/950/HMA-v-MICHAEL-MCINNES

3 year custodial sentence reduced to two and a half years.

Disqualified for 6 years reduced to 5years. Resit test

12/11/2012

David Smillie, drove his articulated vehicle dangerously which resulted in a collision between his vehicle and the articulated lorry being driven by Gordon Cooper, aged 57, killing him.

Edinburgh High Court 
Lord Bracadale
said;“You embarked on a long return journey driving a heavy goods vehicle through the day and night without taking adequate rest periods.  The predictable result was that you fell asleep at the wheel with devastating consequences.” 

Pled guilty to causing death by dangerous driving.

Smillie had a number of previous convictions for road traffic offences. Over a period of 5 years he had accumulated 7 such convictions.  While each looked at on its own is relatively minor, the pattern is indicative of a somewhat irresponsible approach to driving. 

Full sentencing statement can be found at;

http://www.scotland-judiciary.org.uk/
8/955/HMA-v-DAVID-SMILLIE-MACDONALD

42 months custodial sentence.

Disqualified from driving for 7 years and will require to sit the extended driving test.

www.scid.org.uk