SENTENCING STATEMENTS

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HMA v Anthony Burke

May 22, 2025

At Glasgow Sheriff Court, Sheriff Louise Arrol KC sentenced Anthony Burke to a Community Payback Order after he pled guilty to causing death by careless or inconsiderate driving. The order includes supervision for 12 months and 150 hours of unpaid work. Burke was also disqualified from driving for 12 months.

On sentencing, Sheriff Arrol KC said:

"Anthony Burke on 23^rd April 2025 you pled guilty at a first diet to an amended charge of causing death by careless or inconsiderate driving, contravening section 2B of the Road Traffic Act.

The deceased, Gloria Graham was walking east to west on Elmbank Street. A diversion was in place at the locus due to a recent fatal collision taking place earlier that day on St Vincent Street. Closed circuit television footage showed that Ms Graham was on the roadway for seconds before she was struck by your vehicle. The collision investigators considered that she was clearly visible but you failed to observe her.

Ms Graham sustained a serious head injury and was unresponsive at the scene. Emergency neurosurgery was undertaken but tragically, Ms Graham did not recover and passed away on 1^st March 2023.

I note that you have no previous convictions, have driven for 40 years with an exemplary driving record and that you are 60 years of age.

In addition, the Criminal Justice Social Work Report before the court narrates that your remorse is genuine and you show a clear understanding of the significance and seriousness of what you have done. In addition, a plea of guilty at first diet demonstrates remorse in the practical sense. I require to consider the Scottish Sentencing Council guidelines for statutory offences of causing death by driving. The guidelines provide inter alia, a framework in dealing with the offence of causing death by careless driving.

Following the guidelines, the first step I must consider is the seriousness of the offence. The seriousness of an offence is determined by two things, the culpability of the offender and the harm caused, or which might have been caused by the offence. The level of harm, in this case, that death has been caused, has been fixed by law. Accordingly, the seriousness of the offence is largely determined by culpability.

It was submitted on your behalf that the seriousness falls within Level C. On the 2^nd of February 2023, you were redirected due to another fatality that had occurred a short time prior to this offence. The collision report states that Mrs Graham was visible for a few seconds whilst you were turning onto Elmbank Street.

Therefore, I am persuaded and satisfied that the careless driving arose from momentary inattention. Accordingly, I agree with the submission that the level of seriousness is level C.

The second step sets out the sentencing range applicable to each level of seriousness.

The third step requires identification of aggravating and mitigating factors, having regard to consequences, record and circumstances of the driver and the circumstances of the offence and actions at the scene. The aggravating factor present is that the victim was a vulnerable road user, a pedestrian. The mitigating factors present are your previous good driving record, your assistance at the roadside and your remorse.

I have taken into account the plea being tendered at a first diet.

I am satisfied that the appropriate disposal is a community payback order, with supervision for a period of 12 months. The supervision action plan will involve monitoring of you in line with national standards. In addition, I am imposing a period of unpaid work, that would have been 200 hours but I have reduced that to 150 hours to take account of the timing of your plea.

Finally, you will be disqualified from holding or obtaining a driving licence for a period of 12 months, this being reduced from 16 months to take account of the timing of your plea at first diet.

In conclusion, the court expresses its condolences to the family and friends of Ms Graham.

I should make it plain that the sentence imposed today is in absolutely no way commensurate with her untimely and tragic loss of life."