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Crown to appeal ‘lenient’ sentence given to driver who has caused deaths of two cyclists

Crown to appeal ‘lenient’ sentence given to driver who has caused deaths of two cyclists

Prosecutors have confirmed they will appeal the “unduly lenient” sentence of a motorist convicted of killing a cyclist.

Gary McCourt, from Edinburgh, was found guilty in April of causing the death of Audrey Fyfe by driving carelessly and hitting the back wheel of her bike in the city.

The 75-year-old died two days after the accident in August 2011.

McCourt was banned from driving for five years and ordered to carry out 300 hours of community service.

At the end of the trial at Edinburgh Sheriff Court it emerged he was convicted of causing another cyclist’s death by reckless driving in 1986.

Cycling groups joined Mrs Fyfe’s family in criticising the sentence.

A statement from the Crown Office said: “In cases of a serious nature, Crown counsel will often consider whether the sentence imposed is within the range available to the sheriff in the exercise of his or her discretion.

“Following careful consideration of the facts and circumstances of the case against Gary McCourt by Crown counsel, we can today confirm that the Crown will be lodging an appeal against the sentence on the grounds that it was unduly lenient.”

Mrs Fyfe’s family have been informed of the decision, prosecutors said.