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BuiltWithNOF

The Courts in action

N.B. Offenders given custodial sentences will serve
only one half of the sentence handed down. Names
have not been given so as to conceal the identity of
the innocent victims.

j Newsletter 7
k
New causing death offences
l
A review of the Fatal Accidents Inquiries
m The Bereaved Nearest Relative Fund
n
Criminal Proceeding in Scottish Courts
o Sentencing in the Courts

Date

Brief Outline
of case

 In court

 the accused

Sentence

January
2008

 

 

 

 


 

Case_1, aged 45, attempted to overtake three vehicles including a van, on a country road, when her car hit a family car head-on. A 19 year old girl was killed, her mother had to have her leg amputated from below the knee, her three sisters had broken legs and her one year old daughter had a broken ankle.
 

The judge said that this “ill-
fated manoeuvre” according
to the jury’s verdict, had not
fallen below the standard of
competent driving deemed
dangerous. She had continu-
ed overtaking even after
becoming aware of
oncoming headlights.



 

Pled not guilty to dangerous driving

 

 

 


 

 

£1500 fine
18 month driving ban 

 

 

 


 

 

January
2008





 

Case_2, aged 19, caused a
collision at a junction of a
main trunk road killing a
motorcyclist, aged 44 years



 

The sheriff said that the off-
ence was at the “high end”
of the careless driving scale.




 

Pled guilty to careless driving.





 

Case_2 had previously six
penalty points and had to resit his driving test for a road traffic offence. He had passed in March 2007.
£400 fine 
3 months driving ban
 

February 2008

 

Case_3, aged 22, a newly qualified driver admitted
causing the death of his 16 year old passenger.

“the case was first and foremost a tragedy for the family of the deceased.”

Pled guilty to dangerous driving

 

3 years custodial sentence
5 year driving ban

 

March
2008

 

Case_4, aged 65, pled guilty to careless driving when he crashed head on into a patient transport vehicle causing the death, two days later, of a man aged 83.

The family had been told that Case_4 had crossed the white line in the centre of the road.

 

Pled guilty to careless driving.

 

£800 fine
8 penalty points

 

March
2008

 

Case_5, aged 59, attempted to pass a long queue of traffic which led to a head-on crash killing two and leaving a 14 year old, brain damaged requiring 24/7 care.

 

The sheriff heard that Case_5 had twice made
overtaking manoeuvres to pass a long line of traffic. The defendant’s solicitor said that
Case_5 was “dreadfully sorry.”

 

Case_5 appealed the “harsh” ban. He said “when some one pulls out and is driving to close, they get 3 points and £60 fine and that’s what I should have got”

£600 fine
2 year driving ban

 

March
2008

 

Cases_6,7 & 8 aged 21, 19
and 18 drove at 90 mph on
an A road, repeatedly over taking each over resulting in a 7 car pile up which killed 3 people and injured 3 others.

 

The temporary judge said “cars are not toys, they are potentially lethal weapons”

 

All three had admitted causing death by dangerous driving
 

 

6) 10 years custodial sentence and 15 years driving ban
(he had only just regained his license 4 days earlier after a ban for drink driving)
7) 8 years and
14 years driving ban
8) 13 months detention
5 years driving ban.

May
2008

 

Serial driving offender Case_9, aged 39, hit a pedestrian when he drove at 55 mph in a 30 mph zone. Case_9 had previous convictions for both careless and dangerous driving.

The judge said “Your failure to take appropriate care led to the death of an innocent man, visiting this country.”

 

Pled guilty to
dangerous driving

 

3 years custodial sentence
5 year driving ban

 

May
2008




 

A Licensing board chief councilor crashed his car on an A road. He twice failed to give a breath sample to the police.

 

 

Pled guilty





 

fined £200
for careless driving
fined £200
for failing to stop
and £500 for refusing
breath tests
2 years driving ban.

May
2008





 

Case_11, aged 21, lost control when doing more than 50 in a 30 mph limit, killing his 18 year old passenger. A surviving passenger (who suffered a fractured vertebrae) had told him to “slow down.”

The judge banned Case_11 from driving ahead of sentencing and told him “this is the sort of offence which attracts a sentence of imprisonment.”

 

Pled guilty to causing death by
dangerous driving

 


 

2 years and 9 months
custodial sentence





 

May
2008




 

Case_12, aged 22, over-
 took, on the wrong side of
the road and on a blind
summit, and crashed into a
car resulting in the death of 5 people.
 

The judge said “Three of the
victims were members of
one family .. impossible to comprehend the suffering your actions have caused the survivors.”
 

Pled guilty to causing death by dangerous driving



 

2 years and 4 months
custodial sentence.
10 years driving ban.

The judge took into account
an appeal for mercy from
the mother of one of victims.

July
2008

 

Case_13, aged 66, was driving home from a post-round lunch and drinks, when his car swerved across the road hitting a car killing the driver aged 70.

 

The sheriff said that Case_13 was well aware he suffered from sleep apnoea which had been diagnosed several years before. Despite being under the drink drive limit his actions were “unforgivable.”

Admitted careless driving and
“nodding off.”

 

£5000 fine
5 year driving ban

 

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