Fabian Buehrig Wright v. Her Majesty's Advocate [2007] HCJAC16

The appellant was convicted at Aberdeen High Court on 21 February 2006, following trial on a charge of contravening section 1 of the Road Traffic Act 1988. On 14 March 2006 the trial judge imposed a sentence of five years imprisonment. He also disqualified the appellant from holding a driving licence for a period of ten years and until he passed the extended test of competence to drive. It was submitted on behalf of the appellant that the sentence imposed by the trial judge was excessive and inappropriate having regard to a number of factors:- (1) that the driving which had given rise to the conviction of the appellant had been over a limited time and distance; (2) that the deceased had not been wearing a seatbelt at the time of the accident; (3) that the appellant did not have any previous convictions of a similar nature; (4) the appellant's conduct immediately following the accident, in remaining at the scene and providing assistance; (5) the appellant's otherwise positive character, as illustrated by his service as a police officer, his voluntary work for charity; the appellant's remorse and the depressive illness from which the appellant had been suffering and (6) that because the appellant had been a police officer he required to be segregated from other prisoners and confined to his cell for 20 hours a day. The court here considered whether, in the circumstances of the case, five years imprisonment was excessive.