Speeding driver who killed young father crossing the road has jail term cut

A speeding driver who accelerated before he killed a young father as he crossed a road had his jail sentence cut by appeal judges.

Evan Davis increased the speed of his car to more than 62 mph before colliding with pedestrian Stephen McGovern, who was thrown into the air and fatally injured.

Davis, 22, who was running late for work, carried out undertaking manoeuvres and exceeded a 40 mph speed limit at Calder Road, in Edinburgh, in the lead up to the deadly incident.

He was jailed for 45 months earlier this year after admitting causing the death of the 21-year-old, who was the father of a young son, by driving dangerously on July 4, 2023.

The sentence was reduced from one of five years by the sentencing judge, Lord Arthurson, following his guilty plea.

Lord Arthurson told Davis: “In the four seconds prior to driving your vehicle into collision with Mr McGovern you accelerated from 53.4 mph to 62.1 mph. The speed limit was 40 mph. You were in a hurry. You were running late.

“Your time was more important to you than the welfare of your fellow road users. As a result of your dangerous driving, arising as it did due to your desire to make up time in your schedule, you killed Mr McGovern”, said the judge.

Lord Arthurson told first offender Davis, formerly of Bonnyrigg, in Midlothian, that he would now have to live with that and added: “Remember that at the conclusion of that sentence you will one day walk out of prison and return to your family and resume your life.”

“Remember that Mr McGovern, due to your criminal behaviour behind the wheel of your vehicle on July 4, 2023, can and will never do so,” he said.

Following his sentencing, lawyers acting for Davis challenged the jail term imposed on him.

They argued that it was excessive at the High Court of Appeal in Edinburgh, with judges reducing his prison sentence to three years.

Defence counsel Ian Duguid KC said that there had been a failure to apply the sentencing guidelines relating to dealing with young persons, where culpability will generally be lower than that of an older person.

He said immaturity and impulsivity were factors that needed to be considered, as well as the aim of rehabilitation of the young offender.

Lord Matthews, who heard the appeal with Lord Doherty, said: “It is submitted that, while custody was unavoidable, the sentence was excessive.”

He said Davis suffered from ADHD, which led to him being bullied at school, but he went on to hold down employment and was genuinely remorseful after the death.

He said the offender has the potential to be rehabilitated, to avoid further offending and to make a positive contribution to society.