SENTENCING STATEMENTS

On sentencing, Lady Drummond made the following comments in court:

"Mr Findlay you pled guilty at a preliminary hearing on 26 November 2025 to causing death by dangerous driving and to the offence of being uninsured and unlicensed at the time. Mr Shearer you pled guilty at that hearing to dangerous driving and driving without a licence and insurance.

In the early evening of 12 February 2023, you both were driving unregistered off road motorbikes. You travelled at high speed along a main road where the maximum speed limit was 30mph. You Mr Findlay were estimated to be driving at about 69mph, more than twice over the maximum speed limit, with you Mr Shearer driving at a similar excessive speed. You both travelled through a red light at a junction and overtook another car at speed.

Mr Gow had just got off the bus at the bus stop and was heading home.  He went to cross the road in an area that was well lit with nothing obscuring his view. As he crossed, you Mr Shearer passed by on your bike at speed before lifting your wheel. Mr Findlay you followed at excessive speed towards Mr Gow. In the final moments you reacted and applied emergency breaking but not sufficient to avoid hitting Mr Gow. Despite the commendable actions of members of the public coming to Mr Gow’s aid, Mr Gow died at the scene.

Mr Findlay you are responsible for causing the death of Mr Gow by your dangerous driving. Mr David Gow was 79 years old when he died. He was a loving father and husband. His son describes him as his best pal.  A lover of football, he was a fit 79 year old who was fiercely independent. Mr Gow’s family have suffered enormously, emotionally and psychologically, following his death and he is deeply missed. Nothing I do or say today can change that for them.

You were 24 years old when you pled guilty to these offences and 22 at the date of offending. You are 25 now. I have followed the Scottish Sentencing Council Guidelines on Sentencing Young People. I have assessed the level of blame in accordance with that guideline. I have had regard to your maturity and as a primary consideration, rehabilitation.

I have also followed the Scottish Sentencing Council Guidelines on causing death by dangerous driving.  I put your offending at level B, described as driving that created a very significant risk of danger to others. It was not a single dangerous manoeuvre. You travelled through a red light showing a disregard for road signals. You overtook at a speed well over twice the limit, a grossly excessive speed.

What makes the crime more serious is that you committed another offence at the time.  You were driving without insurance or a licence. Mr Gow was a vulnerable road user as a 79 year old pedestrian with no opportunity to protect himself from your dangerous driving.

The mitigating features are that you show genuine remorse and think about your actions every day.  You suffered injuries yourself as you fell off your bike and sustained fractured bones a punctured lung and spent 5 days in hospital.

I have taken into account all that is in the criminal justice and social work report and all that was said this morning on your behalf. You have a limited record with one conviction for possession of drugs. You are assessed as a minimum risk of reoffending.

I am satisfied that no other sentence other than imprisonment is appropriate.

For charge 1, I sentence you to 5 and a half years imprisonment. That will be reduced to 4 years because of the stage you pled guilty.  Given the nature of your driving and all the circumstances I disqualify you from driving for 8 years (reduced to 6 years because of the stage you pled guilty). That will be extended by half the period you are sentenced to custody. It will therefore be a period of 8 years disqualification. You will not be able to obtain a driving licence until you have passed an extended driving test. Your licence will be endorsed.

For charge 3, I impose a sentence of 12 months to run at the same time as the sentence on charge 1 and you will be disqualified for 18 months reduced to 12 months which will run at the same time as charge 1 also.  

The sentence is backdated to 26 November 2025 when you were first on remand.

Mr Shearer you pled guilty to dangerous driving and driving while uninsured and without a licence.

You too were driving at a similarly excessive speed, went through a red light at a junction overtaking traffic at speed and lifting the wheel of your motorbike. Your bike was unlit.  Your driving was dangerous although your actions formed no part of the death of Mr Gow.

I have read the criminal justice and social work report and taken into account all that has been said on your behalf this morning. You were aged 26 when you pled guilty and have no criminal record. You are remorseful. You have a supportive family and been in work previously. You provide assistance to your grandmother who you live with. You are assessed as a minimal level of risk of further offending. 

I am satisfied that there is an alternative to custody and in relation to both charges I impose a community payback order with 12 months supervision and a requirement to carry out unpaid work. You are required to carry out 300 hours of unpaid work, reduced to 225 because of the stage you pled guilty.  You must attend all supervision and unpaid work appointments, complete the unpaid work and comply with the instructions of your supervising officer. If you do not do so, you may be found in breach of the order and brought back to court. At that stage the court can cancel the order and impose another disposal including imprisonment.

On charge 1, you will be disqualified from driving for a period of 16 months reduced to 12 months because of the stage you pled guilty. You are required to sit the extended driving test. Your licence will be endorsed."

22 December 2025