DAVID DICK v. PROCURATOR FISCAL, PAISLEY
APPEAL COURT, HIGH COURT OF JUSTICIARY |
Lord Carloway Lady Cosgrove | [2010] HCJAC 128 XJ1044/10 OPINION OF THE COURT delivered by LORD CARLOWAY in APPEAL AGAINST SENTENCE by DAVID DICK Appellant; against PROCURATOR FISCAL, PAISLEY Respondent: _____________ |
Appellant: Hamilton; Gordon Williams, Glasgow
Respondent: Henderson AD; Crown Agent
23 November 2010
On 10 September at a trial diet at Paisley Sheriff Court, the appellant pled guilty to a contravention of section 2 of the Road Traffic Act 1988. He had driven his motorcycle on the M8 at Bishopton and the M898 at the Erskine Bridge at grossly excessive speeds and failed to take notice of hazards or potential hazards on the roads. He had been cycling at around 130 mph at about 10 am on a Saturday morning when "just out for a drive".
The appellant is 48, a chartered engineer earning a substantial salary. He is married with four children, two of whom are dependant upon him. The Sheriff fined the appellant £1500 and disqualified him from driving for a period of 5 years, ordering him to re-sit the extended driving test.
The court considers that the fine was appropriate having regard to his earnings, but is satisfied that the period of disqualification was excessive. It will quash that period and substitute one of three years.
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