The Scottish Sentencing Council has published guidelines which would give motorists guilty of causing death by driving longer sentences and make tailgating an aggravating factor.
They treat taking the life of a vulnerable road user as an “aggravating factor” when sentencing and lay down tougher penalties if the death resulted from aggressive driving, such as tailgating.
The guidelines—subject to approval by the High Court—have been welcomed by the father of Robyn Fryar, 15, who was killed while crossing a road in Paisley, near Glasgow, in July 2019.
Shaun Gatti—who was speeding on the wrong side of the road when he killed the teenager and then drove off and hid his car—later admitted causing death by dangerous driving and was jailed for five years and three months.
Father of Victim Calls for ‘Deterrent’
Ian Fryar told the BBC: “He’s out already. He only served two-and-a-half years. If they don’t toughen up the sentences, it’s not going to stop. Ten or 15 years would be a far more of a deterrent.”But he said the guidelines, which lay down a maximum sentence of 12 years, were a step in the right direction.
Lady Dorrian, the Lord Justice Clerk and chair of the Scottish Sentencing Council, said: “Causing death by driving offences are among the most serious, complex, and sensitive cases dealt with by our courts. Although relatively uncommon, they are of significant public concern and have a devastating effect on the families of victims.”
She said: “While nothing can make up for the tragic loss of life involved, we believe that a sentencing guideline will provide clarity for bereaved families and others affected by death by driving cases.”
Designed to Deliver Greater Consistency
The guidelines also aim to deliver greater consistency in sentencing those who plead guilty to or are convicted of causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs, causing death by careless or inconsiderate driving, and causing death by driving while unlicensed, uninsured or disqualified.Following the publication of the new guidelines, judges will no longer be allowed to accept the inexperience of a driver as a mitigating factor for all offences apart from causing death by careless or inconsiderate driving.
The guidelines were drawn up following a public perceptions study, which involved talking to the families of road accident victims, and a national survey of 1,000 people in Scotland which examined public opinion when it came to sentencing for motoring offences.
Lady Dorrian said she was grateful to all those who took part in the consultation and added: “The feedback we received, and the wider research undertaken by the council, has been vital in ensuring that the guideline is fit for purpose.”
Longer Sentences in England and Wales
The maximum sentence for causing death by dangerous driving in England and Wales was recently increased.Prior to June 28, 2022 the maximum sentence was 14 years but if an offence was committed after that date judges are now allowed to give offenders anything up to a life sentence.
Dunlop collided with Mr. Greenfield’s motorbike while speeding on his way home from a pub in Middlesbrough, where he had spent the night drinking. Dunlop was also banned from driving for 16 years.