SENTENCING STATEMENTS

 

A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.

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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.

For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.

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HMA v John Moore

 

Sep 18, 2026

At the High Court in Paisley, Judge McCormick sentenced John Moore to 6 years and 9 months imprisonment, after the offender was found guilty of causing death by dangerous driving.

 

Upon sentencing, Judge McCormick made the following remarks:

“John Moore, the jury found you guilty of causing the death of Andrew McMenamin by driving dangerously on 17 May 2023.

"I have had regard to all that Counsel has said on your behalf.

"I have read the Criminal Justice Social Work Report (CJSWR).

"Your driving was appalling – at excessive speed, at approximately 11.30am in broad daylight, in a built-up area with vehicles and pedestrians present.

"The evidence showed that you were travelling at over 60mph within both a 20mph and in a 30mph area.

"The immediate reaction of pedestrians witnessing your driving and hearing your vehicle as you sped along Main Street, Uddingston spoke volumes.

"You did this while on petition bail and while uninsured.

"Mr McMenamin was a beloved father. He was aged 79.

"I have read the Victim Impact Statement of his daughter and the effect the manner of his death has had on her.

"She had travelled from abroad to be present during the trial.

"She is viewing these proceedings by Webex.

"I hope that for her this trial has brought some closure.

"There is no alternative to a substantial custodial sentence.

"I have to assess the culpability of the offender and the harm caused. The harm caused was fatal.

"I have had regard to the duration of your driving, your grossly excessive speed, the location, the repeated disregard for the speed limit, the road signs, the road markings, etc.

"You provided the Social Worker with a sanitised version of events.

"The evidence as a whole and the reaction of the pedestrians witnessing your driving at the time, the video images and the forensic evidence was clear.

"The verdict of the jury in relation to death by dangerous driving was unanimous, yet you persist in the claim that your driving was merely careless.

"Although you collided with Mr McMenamin at 27mph that was because you had not seen him crossing the road in time and because of the grossly excessive speed you had been travelling at when you did observe him.

"You have a prior conviction for dangerous driving and you were on petition bail and uninsured at the time.

"In terms of the guidelines, I assess the appropriate range to be at the upper end of range B.

"I take into account that you offered what assistance you could at the scene and the remorse expressed through your counsel this morning.

"For the purposes of sentencing, I have ignored the condition of your vehicle as it was agreed that that played no part in the collision.

"The appropriate sentence is one of six years and six months in respect of charge 1, with, in addition, three months to reflect the bail aggravation.

"In respect of charge 2, this was effectively admitted throughout and before the jury.

"The appropriate sentence is 12 months imprisonment which you will serve concurrently to ch1.

"This therefore is a sentence of 6 years and 9 months backdated to 14th August 2026.

 Finally, you will be disqualified from holding or obtaining a driving licence for twelve years and required to sit and pass an extended driving test.”

18 September 2026