HMA v KEVIN WILLIAM MILNE

At the High Court in Aberdeen Lord Uist sentenced Kevin Milne to four years and six months in prison afrer he pled guilty to causing death by dangerous driving on 5 April 2010.

On sentencing Lord Uist made the following statement in court:

“You pleaded guilty to causing the death of Mrs Dayan Ifeoma Chibor, a 27 year old woman who was crossing the road on the Beach Boulevard in Aberdeen on the evening of 5 April 2010, by your dangerous driving. You drove at a speed grossly in excess of the speed limit and through an amber traffic light before your car struck her, causing fatal injuries. I have been told that your speed as you drove along the Beach Boulevard, a road governed by a 30 miles per hour speed limit, was 57 miles per hour according to the calculation carried out by the road police investigators. This incident occurred because of deliberate risk-taking on your part. Had you been travelling within the speed limit you would not have struck Mrs Chibor, whose husband has no doubt been devastated by her death.

I hope that the tragic circumstances of this accident will serve as an object lesson to all drivers, but especially young drivers, who think that they can drive at speed without any adverse consequences. There is a reason for speed limits on our roads, and that is to protect the public from the dangers associated with driving at excessive speed. The number of accidents, especially serious and fatal ones, caused by speed in this part of Scotland is notorious and this case is yet another example of the tragic consequences that can follow from driving at excessive speed. Had you not driven in the manner in which you did that night Mrs Chibor would not have lost her life and you would not be appearing in this court facing a sentence of imprisonment.

You are now 25 years old. You have five minor previous convictions, all dealt with in the District or JP Court, but it is notable that they consist of road traffic and vehicle excise offences. I note that on 23 April 2007 you were fined £300 and disqualified from driving for a period of 6 months. I have considered the terms of the social enquiry report on you, the reference from your employer and all that has been said on your behalf in mitigation, but, as you will no doubt appreciate, a significant prison sentence must be the penalty for a crime of this nature, which resulted in the death of a young woman. I am particularly concerned to read in the social enquiry report that you said that you have always had a problem with driving at excessive speed and had never considered the potential consequences of such behaviour before this incident. Although you drove off after the incident, you later attended at the police station to admit that you were the driver at the time and you have now expressed remorse and regret at what you did.

Had you been convicted after trial I would have imposed a sentence of 6 years imprisonment. You pleaded guilty under accelerated procedure, but that was not until some considerable time after your first appearance on petition. This plea cannot properly be termed a plea of guilty at the earliest possible stage and in these circumstances I consider that you are not entitled to the full discount which would normally follow such a plea. In light of your plea of guilty your sentence will be discounted to 4 years 6 months imprisonment.

You will also be disqualified from driving for a period of ten years and until you pass the extended test of competence to drive”.