Appeal Against Sentence By Ian Milligan Against Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Menzies,Lady Dorrian |
| Neutral Citation | [2015] HCJAC 84 |
| Date | 08 September 2015 |
| Docket Number | HCA/2015-001963-XC |
| Published date | 02 October 2015 |
| Court | High Court of Justiciary |
| Year | 2015 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2015] HCJAC 84
HCA/2015-001963-XC
Lord Menzies
Lady Dorrian
OPINION OF THE COURT
delivered by LORD MENZIES
in
APPEAL AGAINST SENTENCE
by
IAN MILLIGAN
Appellant;
against
HER MAJESTY’S ADVOCATE
Respondent:
Appellant: Mitchell; Faculty Services Limited, Edinburgh for Bridge Litigation, Glasgow
Respondent: Small AD; Crown Agent
8 September 2015
[1] The appellant Ian Milligan was convicted on 23 April 2015 after trial at the High Court of Justiciary at Glasgow of contravening section 1 of the Road Traffic Act 1988, causing death by dangerous driving, namely causing the death of Alastair Wells the front seat passenger in his car in a road traffic accident on the A702 near Abington on 8 July 2013.
[2] On 28 May 2015 he was sentenced to six years’ imprisonment and disqualified from driving for a period of eight years and until he passed the extended test of competence to drive.
[3] It was submitted to us today that both the period of imprisonment and the period of disqualification were excessive. It was also drawn to our attention that there was no question in this case of excessive speed or of the appellant having been driving whilst under the influence of drink or drugs. He had no analogous previous convictions and it was submitted to us that this was a single manoeuvre, a brief but catastrophic error and that there was an absence of any aggravating factors such as drink, drugs or other driving offences, previous convictions or attempt to drive off or the like. Miss Mitchell submitted to us that the sentencing judge fell into error in categorising this as falling into the second level of seriousness in the English sentencing guidelines for offences of this nature and that this should properly be categorised as falling within level 3.
[4] We start by observing that the trial judge was correct to describe this as a tragic case. All cases of contravention of section 1 of the Road Traffic Act may be described as tragic, and the tragedy clearly affected the family and friends of the deceased Mr Wells; it also affected those who were injured in this accident, but we also accept that it has affected the appellant himself and his immediate family.
[5] We caution against too rigid an application of the English sentencing guidelines. They are not to be applied even in England in mechanistic fashion and it must be borne in mind that those guidelines in England are to be understood in a different sentencing...
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