A lorry driver jailed for the tragic death of a Buchlyvie mum-of-four on a rural road has had an appeal against his sentence refused.
Ian Moorhouse, of Clackmannan, was jailed for 12 months in March this year after pleading guilty to causing the death of Amanda Boag by driving without due care and attention on February 25, 2020. He was also banned from the road for 46 months.
But lawyers acting for Moorhouse, 63, argued that a direct alternative to custody was available. They said that while it was accepted that the offence was very serious, a custodial sentence was considered “excessive and inappropriate”.
This was rejected by two judges who said that Moorhouse took a “wholly unjustified risk” with “devastating consequences”.
Moorhouse had been making a number of gas deliveries in the Stirling area on the morning of the horror crash.
Falkirk Sheriff Court previously heard that as he drove east towards the junction with the B8037 his view of the road had been ‘substantially impaired’ as there was a line of traffic behind a slow-moving tractor, preventing him from seeing oncoming traffic.
At the junction with the B8037 he turned his tanker across the westbound carriageway, but did not wait until the tractor had moved far enough ahead of him to allow him a clear view of oncoming traffic.
At that moment Mrs Boag had been driving her VW Golf on the westbound carriageway back home to Buchlyvie and the tanker crossed right in front of her. A blameless Mrs Boag was unable to avoid colliding with it and sustained multiple and serious injuries from which she died a short time later.
The High Court ruling on the appeal bid, by Lord Pentland and Lord Doherty states: “The sheriff took the view that the harm caused by the appellant could hardly have been more serious.
“[Mrs Boag] was 39; she was married and had four children, aged between 12 and 19.
“She was employed as a housekeeper and was driving home from work. She was trapped in her car for around 45 minutes until she was cut free.
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“It is not known whether during that time she was conscious, but if she was her death would have been painful, frightening, and traumatic.
“In his victim statement [Mr Boag] described the suffering caused to this close family as “crippling” and “the worst of times”, to which he could not do justice in writing.’
Moorhouses lawyers claimed that community-based disposal was sufficient and imprisonment should be a last resort.
But Lords Pentland and Doherty continued: “We are unable to accept these submissions. We acknowledge that the appellant was a person of generally good character, although we consider that his previous conviction for using a mobile phone while driving is a factor that should not be entirely left out of account.
“The present offence was, however, undoubtedly a very serious one with devastating consequences. The appellant was an experienced heavy goods vehicle driver.
“He should have appreciated that by deciding to drive across the opposite carriageway of a major arterial road without having a proper view of oncoming traffic he was taking a wholly unjustified risk that carried with it a high probability of causing a collision with potentially fatal consequences.
“We consider that his standard of driving fell not far short of dangerous driving.
“In our opinion, a custodial sentence was amply merited in view of the high level of culpability and the terrible consequences. A non-custodial sentence would not have met the sentencing objectives of punishment and deterrence in view of the gravity of the present offence.
“We are satisfied that the approach taken by the sheriff [Simon Collins] was one that took proper account of all the relevant considerations.
“The sentence he imposed was not excessive.”
