Sentencing in the Courts

	Brief Outline	Court	Outcome in Court		Sentence
13/08/2010	Ross McChrystal aged 20, caused the death of Edward Devlin aged 40, on June 2009 by driving high powered £30,000, Range Rover at more than twice the 30mph speed limit. McChrystal attempted CPR and called 999.	At Glasgow High Court Judge Sean Murphy QC said McChrystal was “A young man who had led an exemplary life” but high degree of carelessness. Accepted that the victim contributed.	McChrystal admitted causing death by careless driving. He had had the powerful 4X4 for 11 days.		Previous driving convictions 18 month detention 5 year disqualification from driving
13/08/2010	Jennifer Lunet aged 30, lost control of her Mondeo car and swerved into a contraflow lane crashing into the car being driven Amanda Young seriously injuring her and killing her sister Laura Binns and her son Kieran aged 2.	At Hamilton Sheriff Court it was heard that Lunet was very fit but medical examination had discovered a heart defect. It couldn’t be ruled out that she had had an “attack” but no treatment prescribed.	Lunet plead not guilty to Causing Deaths by careless driving .Defence Advocate Dale Hughes QC lodged special defence.		Jury verdict - Not Proven
19/11/2010	The car being driven by Claire Angus aged 48, drifted onto the wrong side of the road hitting the oncoming car and killing Alison Wood aged 79 and Janet Allan aged 73.	Sheriff William Holligan heard that the combination of medication Angus was taken may have caused dizziness and loss of consciousness.	Charged with Causing the deaths by careless driving. Defence Advocate Steven Love QC lodged a special defence and said there was insufficient evidence to convict.		Sheriff acquitted Angus.
14/09/2010	Fife Council van driver Sean Medeiros aged 25, mounted the pavement killing Margaret Farmer aged 66.	At Kirkcaldy Sheriff Court Sheriff James Williamson said that Mrs Farmer’s family may “struggle to understand” his decision not to jail Medeiros. Defence Advocate was Jamie Gilchrist QC.	Medeiros pled guilty to Causing death by careless driving.		180 hours Community Service 1 year disqualification from driving.
21/09/2010	Mechanic Shaun Convery aged 23, lost control of the sports car, Toyota MR2, he was driving crashing into oncoming vehicle and killing his brother (passenger) Jamie aged 17.	At Edinburgh High Court Lord Turnbull said but for his early guilty plea he would have been jailed. Parents pleaded leniency.	Pled guilty to causing death by careless driving and driving with no insurance.		250 hours Community Service 5 year disqualification from driving.
04/05/2010	Stephen McKay aged 35, driving on the wrong side of the road at 60mph on a 40 zone, lost control crashed into cyclist Brian Taylor aged 35, killing him.	At Dunfermline Sherriff Court Sheriff Craig McSherry said “Had you been driving at a reckless speed you would be facing a charge of reckless driving”.	Pled guilty to Causing death by careless driving.		Previous conviction for breach of the peace 240 hours Community Service 12 month driving disqualification Crown appealed the leniency of the sentence - McKay had previous convictions for drink-driving, driving disqualified and speeding. Appeal Court Judge Lord Eassie upheld 240 hours community Service but imposed a ban of 4 years from driving.
England 12/10/2010	Matthew Lowther aged 19, lost control of his van crashing into cyclist Louise Stoddart aged 42, who was cycling with 2 friends. Louise who was a teacher was killed.	At Carlisle Crown Court Lowther claimed he hit a pothole	Plead not guilty to Causing death by dangerous driving. Found guilty.		5 year custodial sentence 5 year disqualification from driving
England 30/11/2010	Steven Hole lorry driver aged 45, failed to see cyclist Mick Garner Post Officer worker, aged 61, who was cycling to work striking him and killing him.	Canterbury Crown Court Judge Adele Williams said she viewed the case as coming close to dangerous driving.	Pled guilty to Causing death by careless driving.		10 month custodial sentence 3 year disqualification from driving
6/01/2011	Benjamin John Lee Kendrick, aged 34, orthopaedic registrar, hit the kerb causing his car to go out of control killing Mrs Joan Johnson aged 57 and seriously injuring her husband.	At Perth Sheriff Court under a summary complaint Sheriff Michael Fletcher said that taking into account the service Kendrick provided to the community as an orthopaedic surgeon a fine was appropriate.	Pled guilty to Causing death by careless driving.		£5000 fine  3 year disqualification from driving
06/01/2011	John Bambrick aged 37, was uninsured driving his wife’s car when he hit 52 year old Margaret Monaghan who died 2 weeks later. Bambrick’s wife had failed to make monthly payments for car insurance and allowed her husband to drive.	At Glasgow Sheriff Court Sheriff Mackenzie said he recognized that the consequences of the events of 2nd February 2009 were tragically disproportionate to the degree of culpability on your part.	Pled not guilty to causing death whilst driving uninsured Found guilty.		150 hours Community Service 12 month disqualification from driving.Bambrick’s wife was fined £360 for having no insurance
2/09/2010	William Gallagher aged 32, was travelling at 90mph in a 30 mph zone in Clyde tunnel when he crashed into another car in May injuring 4 people. Gallagher refused to give a blood sample to the police.	At Glasgow Sheriff Court Sheriff Bill Totten said “You’re fortunate not to have caused fatal injuries”.	Gallagher pled guilty to driving whilst disqualified, without insurance and failing to give a blood sample.		Custodial sentence of 16 months.
6/09/2010	Mechanic Paul Munro aged 21, driving at speed under the influence of alcohol crashed his car killing passenger Danny McBean aged 16 and injuring 2 other passengers.	At Glasgow High Court Lord Brodie said “Your dangerous driving had the result of taking away one life”.	Pled guilty to driving under the influence of alcohol.		3 years and 4 months custodial sentence.  years disqualification from driving.
21/05/2010	Drunk driver John McManus aged 42, with a quarter bottle of Vodka in his pocket, mounted the pavement killing 78 year old pensioner Philip Taylor and driving off.	At Livingston High Court Lord Matthews said, “Because of the state you were in you drove 11.9 metres on the pavement before striking and killing a much loved husband and father”.	McManus had 173 mgs of alcohol per 100ml of breath (the legal limit is 35mgs). Pled guilty to driving under the influence, leaving the scene.		6 year custodial sentence. 10 years disqualification from driving.
17/09/2010	Jamie Dolan aged 17, who had never driven before, drove at speed under the influence of alcohol, mounted the pavement and killed Caroline Cumming and severely injured her boyfriend Scott Ramsey and ran off.	At Edinburgh High Court Lady Smith said “You ran away carrying 2 bottles of Vodka”. “You were tracked down by police dogs”.	Pled guilty to; Driving under the influence of drink Driving with no licence Driving with no insurance Driving in excess of speed limits Leaving the scene.		7 year custodial sentence 15 year disqualification from driving
06/10/2010	Andrezej Stankiewicz aged 42, driving under the influence of drink, driving at speed failed to negotiate a bend, crossing to wrong side of road hitting and killing cyclist Dr Konstantinos Tourlas aged 38 who was on a weekend cycle ride with his girlfriend.	Judge Lord Bannatyne heard that Stankiewicz had been driving for 25 years and held a Polish licence which had expired and insurers would not cover the use of his car.	Pled guilty to Causing death whilst driving unfit through drink. Lord Bannatyne said he would have handed down 7 year sentence had it not been for his early guilty plea.		5 year custodial sentence 10 year disqualification from driving.
1/04/2010	Paul Lyons aged 27, driving at speeds of 100mph under the influence of drink and drugs cut in dangerously “fishtailing” and crashed into the car Mr Fleeman was driving killing him and seriously injuring Mr Allsup. Lyons drove off and fled to Spain where he was tracked down and extradited.	Lord Woolman said “All these offences were committed while you were on bail”. “You have a criminal record stretching back to 1999”.	Pled guilty to; Dangerous driving Culpable Homicide Driving whilst disqualified Driving without insurance Attempting to defeat the ends of justice.		12 year Custodial sentence plus a 3 year extension period Disqualified from driving for life.
7/09/2010	Lee Coyle aged 16 was driving a stolen car when after weaving thro’ traffic and going thro’ a red light he struck and killed Paul Bonnar aged 30 trapping him under the car and continued to drive over him and sped off later denying all knowledge of the incident.	At Edinburgh High Court Lord Matthews said “You used your car as a weapon”. “You were breaking terms of curfew”.” You broke into a garage stealing a car.	Charged with murder but pled guilty to Culpable Homicide Stealing a car Driving without insurance or licence.		8½ years custodial sentence  previous convictions for dangerous driving. 5 years disqualification from driving.
28/07/2010	Murray McCallan and Sean Goodfellow engaged in racing at 90mph crashing and killing 17 year old passenger Richard Wilkinson.	Judge Maciver said he had “selected 25% discount on sentence for early guilty plea”.	Pled guilty to Causing death by dangerous driving.		4 years and 6 months custodial sentence 12 years disqualification from driving.
06/10/2010	Diabetic driver George McLeod aged 71, failed to see Mary Findlay aged 89, on a pedestrian crossing knocking her down and killing her.	At Edinburgh High Court Lord McKay heard that McLeod’s vision was so bad that he was legally blind and had been told to inform the DVLA about his condition. He also heard that he would have been aware of his condition. He had been warned as far back as 2006.	Pled Not Guilty to Causing death by dangerous driving. After 6 day trial jury found him not guilty of causing Mrs Findlay’s death but guilty of dangerous driving. Lord McKay was therefore unable to read the Victim statements.		£1500 fine  10 years disqualification from driving.
England 17/01/2011	Diabetic motorist, Michael Dodd aged 19, fell into a coma crashed and head on into car being driven by James Pope killing him.	At Chester Crown Court it was heard that individuals who have a medical condition have responsibilities. They are given advice by health professionals, DVLA and it is a stipulation on their licence.	Convicted of Causing death by dangerous driving.		Detained in a young offenders institution for 3 years 5 years disqualification from driving.
15/10/2010	Italian tourist Andrea Mancioppi aged 31, overtook when not safe to do so. He said he was confused about road signs. Crashed head on into car being driven by the husband of Linda Lindsay, 63 who was killed. Mancioppi was extradited from Italy when he failed to appear for trial in October last year.	At Glasgow High Court Lord Matthews said he had regard to certain guidelines in a recent English case (Richardson) which were not binding on him but were persuasive and helpful in dealing with cases under UK legislation.	Pled guilty to Causing death by dangerous driving.		1 year and 8 months custodial sentence 5 years disqualification from driving.
01/11/2010	Felix McKeown aged 29, was caught driving a Porsche whilst disqualified and with no insurance whilst on home leave from Castle Huntley Open prison. McKeown was in the Open Prison for causing the death of 18 year old Elaine Paterson in 2007 by dangerous driving. At that time he sped off in a BMW at an estimated 80 mph past a Primary school, dumped the car and spent the afternoon looking round car showrooms. Felix McKeown was originally jailed for eight years and three months and was also given a 15-year driving disqualification.	McKeown was sent to the High Court in Edinburgh for the judge who originally imprisoned him to consider making a jail return order over the outstanding period of his sentence to be served. Lord Hardie was told such an order was not appropriate because McKeown was out of jail on home leave rather than under early release provisions. Lord Hardie said he would make no order but send the case back to a sheriff to sentence McKeown for the new offences.			Since being stopped in the Porsche on October 4, McKeown has been transferred from Castle Huntly near Dundee to Addiewell Prison in West Lothian. He will not be eligible for early release until November 2012. SCID comment: “Why is he not now serving his full sentence i.e. until 2015?”
06/01/2011	Andrew Ferrier aged 30, drove his car in spite of being denied more alcohol in a pub. He crashed into a car coming in the opposite direction killing John Gibson aged 69 and his wife Isobella aged 68 and seriously injuring their passenger Gertie Massie aged 71.	At the High Court in Edinburgh Temporary judge Edward Bowen QC, “I take into account the fact that you have a serious medical condition which may well have been exacerbated by the injuries you previously suffered in the accident.  I also note that despite a fairly extensive criminal record you have never previously undergone a period of imprisonment.  But I cannot take the view that ill-health, even of the serious nature described, can in some way detract from the serious consequences of causing an accident of this type whilst under the influence of alcohol.		Pled guilty to causing death by dangerous driving 6 previous offences for driving offences including; Driving whilst disqualified and with no insurance.	9 Year custodial sentence 15 years disqualification from driving
17/12/2010	Paul Fraser Munro aged 20, lost control of his car by driving at speed under the influence of alcohol killing his friend and passenger, Danny McBean.	Lord Brodie said there were mitigating factors and Munro pled guilty at earliest opportunity. Starting sentence would have been 5 years.		Pled guilty to Causing death by dangerous driving.	3 years and 4 months custodial sentence 7 years disqualification from driving.
U.S.A. 21/12/2010	Peter Goldblatt aged 39, when drunk driving ploughed into Emily Lewis and Dominic Hartley, both 21, who were standing at the side of the road in Warrensburg, New York, June 2010. Another Briton, Christopher Jones, 18 was also injured.	At Warren County Court, New York District Attorney Kate Hogan said, “You drove drunk and ploughed into a group of kids who were innocently standing by the side of the road.” “You completely deserve to be in prison for so brutally killing two innocent people with such promising futures.”		Found guilty of aggravated vehicular homicide, vehicular manslaughter in the first degree, manslaughter in the second degree of Ms Lewis and Mr Hartley, reckless driving and driving while intoxicated.	25 year custodial sentence. Can apply for parole after 8 years
6/01/2011	Scott Clark aged 24, speeding at an estimated 84 mph on a B road to a golf match lost control of the Astra he was driving going over onto the wrong side of the road and collided head-on with the car being driven by Mrs Watson aged 52, and killing her.	At Glasgow High Court Judge Rita Rae said “Custody is inevitable”.		Pled not guilty to Causing death by dangerous driving but guilty to Causing death by careless driving – not accepted by the Crown.Found guilty of Causing death by dangerous driving	4 year custodial sentence 9 year disqualification from driving
12/01/2011	Alan Stewart aged 50, when overtaking a lorry on the brow of a hill crashed head on into the car being driven by Philip Pritchard aged 48 who was driving in the opposite direction.	At the High Court in Edinburgh Judge Lady Clark said, “I have to take into account the quality of driving. Sentence is not determined by the consequences of driving”.		Pled not guilty to causing death by dangerous driving.After a 4 day trial Found guilty of the lesser charge of Causing death by careless driving.	150 hours Community Service 2 year disqualification from driving
11/01/2011	Thomas Irvine aged 48, driving at speed and under the influence of alcohol, crashed into and killed Thomas Rarity aged 47 and Anthony Gordon aged 39, who were assisting 71 year old Isabella Kelly trapped in the wreckage of her car.	At Edinburgh High Court Judge Pentland said “reckless and irresponsible conduct”.		Pled guilty to Causing death by dangerous driving.	9 year custodial sentence 12 year disqualification from driving.
29/03/2011	Pedro Noche, aged 38, drove his work’s Mitsubishi pick-up truck on the wrong side of the A714 road crashing into the car being driven by James Coyle killing Mr Coyle’s mother Margaret McIlroy, aged 80 and injuring Mr Coyle and his wife, their son and 9 year old grandson.	At Glasgow High Court Judge Rita Rae QC said a custodial sentence was almost inevitable in cases of this sort but imposed a sentence of 300 hours community service. The Spaniard had come to work on a wind farm in Scotland.		Pled guilty to Causing death by dangerous driving.	300 hours Community service 4 year disqualification from driving The family said the sentence was “an insult”. SCID comment: From case studies foreign nationals who kill on Scotland’s roads are afforded leniency by the court. The offender although banned in the UK can drive anywhere else in the world!!