HMA v JACK ALISTAIR PARKES & ROBBIE MERCHANT

At the High Court in Edinburgh Lord Tyre sentenced Jack Parkes to two years and eight months detention for causing the death of Mark Scott on the 29 May 2010 on the A980 Alford to Banchory Road. Robbie Merchant was fined £600 for dangerous driving.

On sentencing Lord Tyre made the following statement in court:

 “By your dangerous driving on the evening of 29 May 2010, you caused the death of your friend Mark Scott.  The statements by members of his family which I have read leave no doubt as to the devastation that his loss has caused to their lives.  You have taken away all of the years of life which he ought to have had, and you have deprived his family and friends of his presence and his company for many years to come.  You have caused his family grief and suffering which they may never fully get over.  Nothing which I say or do today can bring Mark Scott back, nor provide any comfort or consolation for his family or to the wider community of which he was a member.  The sentence which I will impose today is not a measure of the suffering that you have caused to others.  All I can do is impose punishment for your conduct, and do what I can to minimise the risk of recurrence of such a tragic event in the future. 

I have read the social work report which has been prepared and also the excellent character references which have been submitted on your behalf.  I have listened to what has been said on your behalf this morning by Mr Gray.  I readily accept that you yourself have suffered from his loss and that you are genuinely remorseful for having caused Mark Scott’s death. You have only one previous conviction and that for a minor road traffic offence.  You are assessed by the social worker as posing a low risk of re-offending. All of these matters which are in your favour I take into account when deciding on an appropriate sentence.

But there is no escaping the fact that you took someone’s life by driving dangerously.  According to the eye witness accounts which are contained in the agreed narrative, you were driving at speed of over 80 mph for a considerable distance on a country road, well in excess of the speed limit.  You have pled guilty to allowing a situation to arise in which the car driven by Robbie Merchant was too close behind yours.  Not only did you exceed the speed limit but you also exceeded your own capacity to drive safely and you lost control of your car.  A conviction for causing death by dangerous driving will normally be regarded by this court as requiring the imposition of a custodial sentence, regardless of the good character and past record of the person accused.  I do not regard the circumstances of this case as justifying a departure from the norm.  I have concluded that having regard to the seriousness of the offence and the circumstances which I have described, no sentence other than a custodial sentence is appropriate.  Had you not pled guilty when you did, I would have sentenced you to detention for a period of four years.  As it is, I sentence you to be detained in a young offenders’ institution for a period of two years and eight months, commencing today.

In addition, I disqualify you from driving for a period of five years, with effect from 31 October 2011 when I imposed interim disqualification.  At the end of this disqualification period you will require to pass an extended driving test before you can drive again.

Robbie Merchant

You have pled guilty to a charge of dangerous driving in the car which was following that of Jack Parkes at excessive speed along the country road between Torphins and Banchory.  There is nothing in the terms of the charge to which you have pled guilty or in the agreed narrative to suggest that your driving caused or contributed to the death of Mark Scott and I am able to deal with the question of an appropriate sentence for you on that basis.  You too have a previous record consisting only of minor offences and it is clear from the social work report that you are of good character.  You have an appreciation of the tragic consequences of the accident with which you became involved.

It appears to me that you and your own passenger were lucky not to escape injury when your car struck the debris which was lying on the road.  I regard it as a very serious matter that your driving that evening was influenced by annoyance at having been overtaken by Jack Parkes.  That attitude is wholly unacceptable and indicative of a dangerous and immature attitude to driving.  You too continued to drive for a considerable distance at a speed which was well in excess of the speed limit and also well in excess of the speed at which you could react safely to road conditions in front of you.

I am however satisfied that in your case it is not necessary to impose a custodial sentence and that your offence can be dealt with by a financial penalty.  Had you not pled guilty when you did I would have imposed a fine of £900.  As it is I sentence you to payment of a fine of £600, to be paid over a period of six months.

In addition, I disqualify you from driving for a period of two years, with effect from 31 October 2011 when I imposed interim disqualification.  At the end of this disqualification period you too will require to pass an extended driving test before you can drive again”.