Wright (Fabian Buehrig) v HM Advocate
| Jurisdiction | Scotland |
| Judgment Date | 02 March 2007 |
| Neutral Citation | [2007] HCJAC 16 |
| Docket Number | No 17 |
| Date | 02 March 2007 |
| Court | High Court of Justiciary |
Appeal Court, High Court of Justiciary
Lord Philip, Lord Mackay of Drumadoon
Sentencing - Causing death by dangerous driving - Whether a sentence of five years' imprisonment and 10 years' disqualification excessive - Road Traffic Act 1988 (cap 52), sec 1
Section 1 of the Road Traffic Act 1988 prescribes the offence of causing death by dangerous driving.
The appellant was convicted after trial in the High Court of Justiciary on a charge of causing death by dangerous driving. The appellant had driven at excessive speed, failed to stop at a red traffic light and collided with another car in which the deceased was a front seat passenger. He was subsequently sentenced to five years' imprisonment and disqualified from holding or obtaining a driving licence for a period of 10 years, and until he passed the extended test of competence to drive. It was argued by the appellant that the sentence was excessive and inappropriate, having regard to: (1) the lack of other "aggravating factors" in the appellant's driving; (2) the fact that the deceased had not been wearing a seat belt at the time of the collision; (3) the appellant's previous good character, evidenced by his lack of previous convictions and service as a police officer; and (4) the appellant's remorse and subsequent depressive illness.
Held that: (1) while there had been no aggravating factors such as the appellant driving while under the influence of drink or drugs, or having a bad record of previous road traffic convictions, or running away after the accident, the appellant had deliberately driven at excessive speed and in a manner which could be considered aggressive (para 13); (2) the trial judge had been correct to disregard the fact that the deceased had not been wearing a seat belt (para 11); (3) the trial judge had taken into account the mitigating factors (para 11); (4) the trial judge was entitled to view the appellant's culpability as warranting the sentence imposed, and to the extent that it is appropriate for a judge in Scotland to take account of English sentencing guidelines, those guidelines did not indicate that the sentence of imprisonment was excessive (para 10); (5) that the period of disqualification was excessive (para 13); and appeal against sentence of five years' imprisonment refused and 10-year period of disqualification quashed and five years' disqualificationsubstituted.
Fabian Buehrig Wright was charged on an indictment, at the instance of the Right Honourable Colin David Boyd QC, Her Majesty's Advocate, the libel of which set forth, inter alia, a charge of causing death by dangerous driving. The appellant was convicted after trial at the High Court in Aberdeen on 21 February 2006. The appellant was subsequently sentenced to five years' imprisonment and disqualified from holding or obtaining a driving licence for a period of 10 years, and until he passed the extended test of competence to drive. The appellant appealed against sentence to the High Court of Justiciary.
Cases referred to:
Advocate, HM v MacphersonUNK 2005 SLT 397; 2004 SCCR 579
Attorney General's Reference (No 152 of 2002) (Re); R v CooksleyUNKUNKUNK [2003] EWCA Crim 996; [2003] 3 All ER 40; [2003] 2 Cr App R 18; [2004] 1 Cr App R (S) 1
R v Richardson and orsUNK [2006] EWCA Crim 3186
The appeal called before the High Court of Justiciary, comprising Lord Philip and Lord Mackay of Drumadoon, for a hearing on 17 January 2007.
At advising, on 2 March 2007, the opinion of the Court was delivered by Lord Mackay of Drumadoon-
Opinion of the Court- [1] The appellant was convicted at Aberdeen High Court on 21 February 2006, following trial on a charge of contravening sec 1 of the Road Traffic Act 1988. That charge was in the following terms:
'On 13 January 2005 on a road or other public place, namely Beach Boulevard, Aberdeen at its junction with Links Road, Aberdeen you did cause the death of Lisa Marie Wyllie formerly residing at 11 Inchbrae Drive, Aberdeen by driving a mechanically propelled vehicle, namely motor vehicle registered number A8 FBW dangerously and did drive at excessive speed and fail to comply with a red signal shown by traffic lights and did collide with motor vehicle registered number Y756 MGR driven by Laura Jane Mackie, c/o Grampian Police, Queen Street, Aberdeen whereby said Laura Jane Mackie and Stuart Douglas Dempster, c/o Grampian Police, Queen Street, Aberdeen a passenger in your motor vehicle were injured and said Lisa-Marie Denise Wyllie, a passenger in motor vehicle registered number Y756 MGR was so severely injured that she died on 18 January 2005 at Aberdeen...
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