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HMA v Andrew Dewar-McCabe
Apr 24, 2025
On sentencing Sheriff Jillian Martin-Brown made the following remarks in court:
"Mr Dewar-McCabe, I have taken into account what has been said on your behalf by your solicitor, as well as the terms of the report from criminal justice social work, the victim impact statements and your character references. Ultimately, after careful consideration, I have decided that an alternative to custody is available in your case. I will set out the sentence that I am imposing first and then I will explain the reasons for my decision.
Community Payback Order – Unpaid Work Requirement
Given the seriousness of your offence, I have decided to impose a level 2 community payback order with a requirement for a unpaid work in the amount of 150 hours. That is an alternative to custody. If you breach your community payback order, then a custodial sentence may be imposed in its place. I will allow twelve months for you to complete those hours.
Disqualification from Driving
I am also obliged to disqualify you from driving and require you to sit the extended test to regain your licence. Given the seriousness of the offence, I will disqualify you from driving for a period of 18 months. That will be backdated to the date of your interim disqualification on 13 February 2025.
Reasons for Decision
As you have acknowledged, the offence of causing death by careless driving is one of the most serious driving offences. It is clear from the victim impact statements that Ms Gadd’s death has had a profound emotional and psychological impact on her son Lee, who still struggles on a daily basis to accept that it is real. Her son Paul described Ms Gadd as the most loving, happy, positive and selfless lady you could ever meet who was a friend for everyone. Her partner John highlighted that she was a much loved partner, mother and grandmother. He was looking forward to spending the rest of his life with her.
The Sentencing Guideline for Statutory Offences of Causing Death by Driving produced by the Scottish Sentencing Council provides that while the level of harm is fixed by law, the seriousness of the offence is largely determined by the culpability of the offender. While careless or inconsiderate driving which falls not far short of dangerous driving may attract a custodial sentence, at the other end of the spectrum, momentary inattention may result in a financial penalty. In addition, section 204(2) of the Criminal Procedure (Scotland) Act 1995 provides that I may not impose a custodial sentence on a first offender unless no other method of dealing with you is appropriate. You have no previous convictions.
For the reasons that I will outline, I am satisfied that a non-custodial sentence is appropriate in the particular circumstances of this case, which are unusual.
Firstly, you were found guilty of failing to maintain proper visual observations, failing to have someone guide you when you could not see behind your vehicle and failing to signal your intention to reverse from a field. Whilst that amounts to more than momentary inattention, the standard of your driving was not close to dangerous driving. You were reversing at a low speed and the road was clear when you began your manoeuvre. Your vehicle was well maintained and in good working order. There was no suggestion of drink, drugs, tiredness, distraction, speeding or driving aggressively on your part. That places you in the middle of the sentencing range, for which a level 2 community payback order is appropriate.
Secondly, you have no previous convictions and prior to the incident you had a good driving record. This was a tragic accident and an isolated incident which led to the death of your aunt. You co-operated fully with the police investigation.
Thirdly, you have expressed considerable remorse for the death of Ms Gadd, the impact on her family and the trauma experienced by those who witnessed the accident. As you indicated at your police interview, it was the worst day of your life.
Fourthly, you have been assessed by criminal justice social work as having minimum criminogenic needs. You have been assessed as a suitable candidate for unpaid work.
The Scottish Sentencing Council’s Principles and Purposes of Sentencing Guideline makes it clear that in weighing up all the relevant factors of your case, I am required to impose a sentence which is no more severe than is necessary.
I am of the view that in light of all the particular circumstances of this unusual case, imposing a level 2 community payback order in the amount of 150 hours within 12 months achieves the purposes of punishment and societal disapproval, as well as the opportunity for effective rehabilitation and to make amends.