SENTENCING STATEMENTS

The circumstances of this offence are as follows.  You were driving an HGV lorry, in the course of your employment, southwards along Drymen Road during rush hour on Tuesday 19 March 2024.  This is a busy road, running through a residential area.    Una Brandreth was cycling along Drymen Road, heading south, in the same direction as you.  Due to the volume of traffic at traffic lights further down Drymen Road, there was a large queue of slow-moving traffic.  You were in that traffic queue.  There was sufficient room for Ms Brandreth to continue to cycle on the left hand side of the road. 

You were stopped on Drymen Road at the junction with Manse Road.    Ms Brandreth cycled on the left hand side of your HGV to continue straight.  You were stationary, with a gap in front of the HGV.  Without indicating, you turned left into Manse Road hitting Ms Brandreth.  She was dragged under the wheels of the HGV.  You were unaware of hitting her, and drove on.  Others called the emergency services.  A doctor was called to the scene shortly before 9 am when Ms Brandreth was pronounced dead.

I have read the victim impact statement compiled by members of Ms Brandreth’s family including her son.  She led a full life.  She was active and loved the outdoors, including cycling.  She had a distinguished career in the field of quantum and laser physics.    I have read about the vigil held in her memory.  Her life has touched the lives of many including her family, and in the outdoor community.  Her family report the weight of her absence as overwhelming. Their loss has been devastating. No sentence which this court can impose will reflect the severity of their loss or grief.

I recognise that any sentence will not compensate, or attempt to do so, for the loss of Ms Brandreth to her friends and family. 

In sentencing you for this offence, I must have regard to the Scottish Sentencing Council guidelines both in relation to the sentencing process and in relation to causing death by driving.

I consider the category that the standard of your driving falls into.  This offence falls into category A, that is careless driving which falls not far short of dangerous driving.  My assessment is this offence falls into category A due to the following factors. 

Firstly, it is self-evident that turning left, without using indicators, creates a risk for other road users, including pedestrians and cyclists.    

Secondly, the type of vehicle – an HGV – by its nature involves inherent risks, particularly to other more vulnerable road users.  As compensation for that, the HGV has a number of safety features.  If you had indicated you were turning left, then the use of the indicator would have triggered an external warning sound that Ms Brandreth may have heard.  A camera would have been activated, displaying the left hand of the HGV on a screen in the cab.  The use of the indicator would also have triggered an alarm if there was anything on the left hand side of the HGV, by both a red flashing light and a beeping sound in the cab.   

Thirdly, I note the investigation did not suggest any significant area of blind spot for you and suggest Ms Brandreth would have been visible in your mirrors just before she was struck.

I then consider the mitigating and aggravating factors.   You have one previous driving matter for not wearing a seatbelt and a historic conviction for assault for which you were admonished.   I do not consider the previous convictions as a substantial aggravating factor.  However, Ms Brandreth, as a cyclist, was a vulnerable road user and as such, this is clearly an aggravating factor.   

You are 62 years of age.  You have held a licence for HGV since you were 21 years of age. 

In mitigation, you have a strong work history.  You show a high level of remorse for the offence.  You have been assessed by a criminal justice social worker as not to require any intervention from the criminal justice social work department.  

Where an offender has never served a sentence of custody before, the law is that the court should not impose a custodial sentence unless there is no alternative.  My conclusion based on all the circumstances but particularly your background and the information in the Criminal Justice social work report, is that there is an alternative to custody.  That is as follows.

Firstly I make you subject to a Community Payback Order to carry out unpaid hours of work.   I start at the maximum number of hours, which is 300 and reduce that to 200 to take account of the timing of your plea at the earliest opportunity.  I also make you subject to a Restriction of Liberty Order from 6 pm to 6 am daily.  That would have been for 3 months, but I reduce that to 2 months again to take account of the timing of the plea.  Those orders form a direct alternative to a custodial sentence.

I also ban you from driving for a period of 36 months reduced to 24 months.

19 June 2025