SENTENCING STATEMENTS

On sentencing, Lord Clark told Lynn:

“Christopher Lynn, at a Preliminary Hearing on 3 October 2025 you pled guilty to causing the death of Yvonne Nichol and serious injuries to Graham Clark and Jacqueline Szoneberg, by driving dangerously. This occurred while you were impaired, having consumed cocaine. You were driving at an excessive speed and failed to observe and react to the presence of the motor car with which you collided, a white Astra, causing it to hit another car, a red Nissan.

The site where this happened is the A7, Edinburgh to Carlisle road and the route is described in the narrative as a busy thoroughfare through towns and villages. The collisions took place just before 4pm on 15 August 2023. The collision site is governed by a 60mph speed limit. The Ford vehicle you were driving at the time was classed as a Light Goods Vehicle, therefore its speed was supposed to be restricted to 50mph, although I note you have said you were not aware of that limit.

Having ingested cocaine at an earlier time, you were in what is described as the “come down” of cocaine usage, which can cause a lack of concentration, being distracted and fatigue. You had consumed the cocaine at some time the day before, although the precise time is not known.

You were travelling at 81mph around 5 seconds prior to the collision with the white Astra and 76mph just prior to the impact. You drove into the rear of that car. This resulted in the white Astra, with Yvonne Nichol and Graham Clark in it, being forced into the northbound carriageway and the front driver’s side of their vehicle colliding with the red Nissan driven by Jacqueline Szoneberg. You then shunted into the Astra again, causing it to cross the road. The photographs in the agreed narrative show the extremely serious damage that was caused to the cars.

These collisions have had devastating consequences. The extreme traumatic injuries Yvonne Nichol suffered as a result of the collision ultimately caused her death, pronounced just over an hour after the collision. Graham Clark and Mrs Szoneberg each sustained a number of serious injuries.

I have read the victim statements, from the sister of Yvonne Nichol, and from the two people who were seriously injured, which are harrowing and show the terrible impact of what took place and the ongoing difficulties and distress.  

There is no sentence that I can impose today that can, in any way, alleviate the dreadful consequences of your actions upon the individuals and their family members.

I have had regard to everything said by Ms Dow this morning and what others have said on your behalf. I have also considered what is said in the Justice Social Work Report, including about your background, family circumstances and work record.

I shall begin with disqualification. You are disqualified from holding or obtaining a driving licence for a period of 9 years. That period is arrived at by having regard to the timing of your plea and the period of imprisonment I will impose, along with the mandatory extension period mentioned in section 35C(4)(d) of the Road Traffic Offenders Act 1988. The starting point for disqualification, if found guilty after a trial, and before applying the mandatory extension period, would have been 8 years. That is reduced to 6 years, to which the mandatory extension period of 3 years is added. You were disqualified on an interim basis on 3 October 2025 and so the period of 9 years’ disqualification applies from that date.

Your licence will be endorsed. You will not be allowed to obtain a driving licence and drive again until you have passed the extended driving test.

Turning now to the custodial sentence, there is a Scottish sentencing guideline which deals with statutory offences of causing death by driving. In applying that guidance, I require to consider the seriousness of the offence and take into account any aggravating or mitigating factors. I have concluded that your driving created a significant risk of danger to others, at an excessive speed (shortly prior to the collisions the speed was more than 50% higher than the 50mph limit), when you were impaired through the voluntary consumption of illegal drugs. You should have known about the likelihood of impairment.

In relation to harm, the death of one individual is already taken into account by the guideline. The aggravating factors include the harm caused by the serious injuries to the two others.

You have no previous convictions and you have expressed genuine remorse for your actions.

Having regard to all of the circumstances, and applying the sentencing guideline, if you had been convicted after a trial I would have sentenced you to 8 years’ imprisonment.

I require to take into account the utilitarian value of the timing of your plea of guilty. In doing so I have applied a discount, arising from the plea being tendered at a Preliminary Hearing. The sentence imposed is therefore 6 years’ imprisonment. It is backdated to 3 October 2025 when you were remanded in custody.”