A driver who killed a mother and injured her husband and three children, when he crashed into their broken down car whilst asleep at the wheel, was jailed for three years this morning at the High Court in Glasgow.

On sentencing, Temporary Judge Iain A S Peebles QC made the following statement in court:.

“In this case, following trial, you have been found guilty of causing the death of Doreen McGregor and injuring Mark McGregor; Connor McGregor; Sean McGregor and Caitlin McGregor.

What happened on the day of this incident was a dreadful tragedy. As a result of this incident Mr. McGregor has been deprived of his wife and the children have been deprived of their mother.

It is of course impossible for the court to place a value on the life of Mrs. McGregor. That is not the purpose of a sentence in a criminal case. Whatever sentence I impose will not take away the pain of the enormous loss which the McGregor family have sustained. Nor will it reconcile them to their loss.

In considering the appropriate sentence in this case, I have had regard to the English guidelines in the case of Cooksley and to recent Scottish authorities dealing with contraventions of Section 1 of the Road Traffic Act 1988. These guidelines and authorities make it clear that no matter what the mitigating circumstances, the gravity of a contravention of this section of the 1988 Act will mean that normally only a custodial sentence will be imposed.

I have considered the circumstances in this case and have reached the view that there are no exceptional circumstances which would justify me in imposing a non-custodial sentence.

However, it is my opinion that there are factors before me which entitle me to hold that this offence was one which was towards the lower end of the scale of seriousness.

In sentencing in a case of this type the principal factor in determining the sentence is the gravity of the dangerous driving by the accused.

There were a number of factors which I considered reduced the gravity of the dangerous driving:

1. There was no prolonged period of dangerous driving.

2. No aggravating factor such as driving while drunk or under the influence of drink were present.

3. There was no suggestion of excessive speed.

4. There was no suggestion of carrying out a dangerous manoeuvre or series of dangerous maneuvers in the lead up to the collision.

5. The consequences of the dangerous driving were out of all proportion to the gravity of the dangerous driving.

In addition to the foregoing, there are the following further factors which in my opinion can properly be had regard to in considering the appropriate level of sentence:

1. You are otherwise of good character.

2. You have no previous convictions and in particular have no previous convictions for road traffic contraventions.

3. You have fully cooperated with the police.

4. There is, in my opinion, no likelihood that you will appear again before the courts.

5. Your genuine remorse.

6. The favorable terms of the Social Enquiry Report.

Having given consideration to all of the factors in this case, I have decided that the appropriate sentence is one of imprisonment for a period of 3 years. You will also be disqualified from holding or obtaining a driving licence for 5 years”.