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Scottish High Court of Justiciary Decisons
You are here: BAILII >> Databases >> Scottish High Court of Justiciary Decisons >> GARY TURNER v. PROCURATOR FISCAL, PORTREE [2013] ScotHC HCJAC_40 (21 February 2013)
URL: http://www.bailii.org/scot/cases/ScotHC/2013/2013HCJAC40.html
Cite as: [2013] ScotHC HCJAC_40
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APPEAL COURT, HIGH COURT OF JUSTICIARY
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Lady PatonLord Mackay of Drumadoon
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[2013] HCJAC 40 XJ1148/12
OPINION OF THE COURT
delivered by LADY PATON
in
NOTE OF APPEAL AGAINST SENTENCE
by
GARY TURNER
Appellant;
against
PROCURATOR FISCAL, PORTREE
Respondent:
_____________ |
Appellant: L Kennedy; John Pryde
Respondent: A Prentice, QC AD; the Crown Agent
21 February 2013
In this case the appellant drove at twice the speed limit (61 mph in a 30 mph zone). He was fined £365 and disqualified for sixty days. We are advised that the appellant has arthritis and uses a Motability car. If he is disqualified for over thirty days, he no longer meets the Motability Car Scheme qualifying criteria. He will not only not be able to use his Motability car during the period of disqualification, but he will not be eligible for such a car for five years from 27 November 2012. That is, in our view, an excessive punishment for the particular offence. In our opinion disqualification for twenty nine days would be appropriate. Obviously the fine remains at it stands, but we quash the period of disqualification of sixty days and substitute therefor twenty nine days.
DL