SENTENCING STATEMENTS

On sentencing, Lady Carmichael said:

"Steven Allan. You were convicted of causing the death of Rebecca Sivyer by dangerous driving. Miss Sivyer was 23 when she died. She left a young daughter. The loss of her life has caused terrible grief and harm to those who loved her.     They have lost a mother, a sister and a daughter. Their lives have been changed for ever. No sentence I can impose today can repair that harm.

In relation to the offence of causing death by dangerous driving, there is a sentencing guideline published by the Scottish Sentencing Council, to which I must have regard when deciding what sentence to impose in this case.

The offence in this case falls within level C as identified in the guideline so far as seriousness is concerned. There was no evidence of prolonged bad driving. The evidence was of a single dangerous loss of control which caused the vehicle to leave the road within a relatively short period of time. The offence involved driving while avoidably but momentarily distracted. The jury found that there had been a single use of a mobile phone. A single episode of dangerous driving and avoidable but momentary distraction are two of the factors identified in relation to level C in the guideline. The incident involved a significant loss of control over a period sufficient to permit the car to cross from one carriageway to the other, and to travel along a portion of grass verge before colliding, catastrophically, with a tree. The evidence indicated that you did not brake at any point.

The appropriate sentencing range identified in the guideline for level C is 2 to 5 years imprisonment, before taking into account any aggravating or mitigating factors.

The guideline also provides a non-exhaustive list of factual elements which may go to aggravating or mitigating the offence or sentence. None of the aggravating features identified in the guideline are present in this case.  

In mitigation, I note that you sustained serious injury yourself, that you have a previous good driving record, and that you have never previously offended. You have a good work record, and have provided financial support to two children.

I am aware that Ms Sivyer was your girlfriend at the time, but I accord no weight to that in mitigation, recalling your own evidence during the trial that the relationship was a new one, and also recalling that your defence was to blame her for causing the accident, a defence that the jury by its verdict clearly rejected. With that in mind, and also the account you provided to the criminal justice social worker, I am unable to attach as much weight as I otherwise might to the regret and remorse, which I accept are genuine, that you have expressed in relation to the loss of her life.

You have never offended before, but the seriousness of the offence means that there is no alternative to a custodial sentence. There is nothing in the circumstances of this case that causes me to think that the sentence should fall outwith the range identified in relation to level C offences.

Taking all of those matters into account, I am sentencing you to four years' imprisonment.   

Disqualification is obligatory in relation to the offence of which you have been convicted. I consider that you should be disqualified from holding or obtaining a driving licence for a period of five years. Section 35C(4)(d) of the Road Traffic Offenders Act 1988 applies and I must therefore also disqualify you for an extension period equal to half of the sentence of imprisonment imposed. That means that you will be disqualified for a period of seven years from today.

You will not be able to obtain a driving licence until you have passed an extended driving test. Your licence will be endorsed."