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Scottish High Court of Justiciary Decisons
You are here: BAILII >> Databases >> Scottish High Court of Justiciary Decisons >> Dick v Procurator Fiscal, Paisley [2010] ScotHC HCJAC_128 (23 November 2010)
URL: http://www.bailii.org/scot/cases/ScotHC/2010/2010HCJAC128.html
Cite as: [2010] HCJAC 128, [2010] ScotHC HCJAC_128
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APPEAL COURT, HIGH COURT OF JUSTICIARY
|
|
Lord CarlowayLady Cosgrove
|
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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