A Montrose mechanic who killed a biker on the day the tragic father-of-two celebrated his birthday has been spared a jail term.
As previously reported, Douglas Lawie was out riding with a pal in rural Angus when Alexander Stirling’s BMW collided with Mr Lawie’s Honda CB 1000 bike.
Mr Lawie – who had turned 47 on the day of the crash on August 20 last year – was sent careering down the road and suffered fatal injuries.
Stirling had been told he could face a prison sentence after he admitted a charge of causing death by careless driving – but was instead placed on an electronic tag and banned from driving.
Stirling, 23, had pleaded guilty on indictment at Dundee Sheriff Court to a charge of causing death by careless driving committed on the A92 near Inverkeilor, Angus, on August 20 last year.
Defence counsel Ian Duguid QC said Stirling was “remorseful for his actions and the consequences”.
He added: “The combination of the motorcyclist being towards the centre and the camber of the road pulling him to the centre, and the accused doing an investigation of a potential overtake by a metre over the centre line was a lethal combination.
“But 99 times out of 100 it can be effected without serious injury, damage or collision.
“He is a young man who is never going to forget this.
“Perhaps the public demands that in cases like this persons have to be sentenced to jail.
“But the guidelines and legislation give the opportunity for these cases to be dealt with in a different fashion and in my submission this is one of those cases.”
Sheriff Alastair Brown imposed a restriction of liberty order confining Stirling to his home address from 7pm til 7am every day for eight months on an electronic tag.
He also banned him from driving for 32 months.
The sheriff said: “This was a bad judgment made in circumstances where the consequences were catastrophic.
“A prison sentence would be justified but you have not been in trouble before and at the guidance and accepted practices of sentencing I must consider if an alternative sentence is available.
“With a little hesitation I’ve decided that it does”.
