SENTENCING STATEMENTS

On sentencing, Lord Matthews said: "On 12 September 2020 John Alexander King, a brother, best friend, husband, soul mate, stepfather and grandfather lost his life because of you. He was 63 years of age. He had served his country in the Royal Navy before working in fabrication. He was in good health and had much to live for.

On the day in question he had two children in his car, one aged 12, in the front passenger seat and another aged 15 months in a baby seat in the rear. They were going to collect the children’s mother and were doubtless looking forward to seeing her.

Meantime you had been drinking at a racetrack. You were seen to take what has been described as a good few mouthfuls from a bottle of vodka and were said to be a bit tipsy at some point between 6.30 and 9.30 pm. Because of your actions later it cannot be said with any certainty how much you had to drink.

Between 9.30 and 9.45 you left the race track. It appears that you had expected someone to drive you home but when that fell through you decided to chance it and drive, even though you were under the influence of alcohol. It was raining heavily and you drove at excessive speed, albeit not much faster than Mr King was driving. He was driving in front of you and you failed to see his car until it was too late to avoid a collision. Mr King’s car was in the inside lane and your vehicle struck it to the offside, causing it to rotate and leave the road. It struck the roadside barrier and became airborne for nearly 21 metres before striking an embankment and eventually rolling into a field before coming to rest on its roof.

Instead of stopping you carried on driving for about half a mile before abandoning your car. You asked a relative to pick you up and asked to be taken to Lochgelly, saying that you had crashed your car. You arranged for another person to drive you to an address in Kirkliston where you had no more than two vodkas before being taken home.

While you made off, the 12 year old child, with incredible fortitude, managed to climb out of a window, find his mobile phone and dial 999.  He was able to describe the road they had travelled and the condition of his young brother. When the police arrived he used the torch on his phone to guide the police to himself. This was all the more remarkable given his understandable state of hysteria. 

His young brother was motionless at first but, thankfully, once removed from the car he began to show signs of life.

Mr King did not survive because of the head, neck and back injuries he sustained as a result of the collision.

The younger child had a minor cut to his head and ear. His brother had a minor cut on his hand but his psychological trauma has been significant. He became withdrawn and depressed, he suffered nightmares and his schoolwork and attendance deteriorated. Therapy sessions did not assist and he finds it difficult to speak about what happened. However, his family have gradually been noticing small improvements and it can only be hoped that he will recover over time. It is the least that this brave little boy deserves. He is a credit to his parents and grandparents.

I have considered what has been said on your behalf, the Criminal Justice Social Work report and the letters of support which were tendered. You overcame a number of difficulties at school and managed to gain employment as a mechanic. After the incident you had and still have significant issues with your mental health. Your family and you will undoubtedly suffer during the period of incarceration which I am going to impose and probably for a long time afterwards.

However, there will come a time when they and you will be reunited. The same cannot be said for Mr King and his family and no sentence I can impose will ever be enough to recompense them for their devastating loss.

Your conduct was clearly aggravated by the fact that you had been drinking, although by leaving the scene, another significant aggravation, you rendered it impossible to work out how much. You have one previous conviction for speeding in 2019.

Your conduct not only caused the death of Mr King but injury to two children. While the physical injuries were minor, the psychological injury to the older boy was not. That is another aggravation.

You have clearly expressed remorse for your conduct and all indications are that it is genuine.

In all the circumstances I have decided that had the matter gone to trial I would have imposed a sentence of imprisonment for 8 years. Given your plea at a preliminary hearing that will be reduced to a period of 6 years.

In addition you will be disqualified from holding or obtaining a driving licence for 10 years and until you pass the extended test of competence to drive.  It would have been 7 years but is extended by half of your custodial sentence, as is required by Section 35C of the Road Traffic Offenders Act 1988, as amended. Any licence you hold will be endorsed.

The sentence will run from 23 February 2023."

22 March 2023