A driver who killed a pedestrian and severely injured a second victim after falling asleep at the wheel has won an appeal to cut his jail sentence.
Scott Nugent was sentenced to five years in prison earlier this year after admitting causing death and serious injury by driving dangerously on September 18, 2024, at Hawkhead Road in Paisley, Renfrewshire.
First offender Nugent, 42, of East Kilbride, Lanarkshire, finished a 13-hour shift and got into his Peugeot 208 to travel home before the fatal collision.
Stephen Craig and his friend were walking on the pavement as they made their way to work when they were struck from behind by the vehicle. Mr Craig, 50, later died from his injuries while his 40-year-old friend suffered multiple, life-threatening injuries.
The judge who jailed Nugent told him: “Without any warning, these men were mown down by a motor vehicle which, without braking, mounted the pavement and was driven dangerously into collision with them, all in such a way as to inflict catastrophic injuries upon both of them.”
Lord Arthurson said: “You had worked three night shifts, and that fateful morning you fell asleep at the wheel of your vehicle, thereby inflicting the carnage which ensued.
“Your victims were pedestrians, walking safely on the pavement, and you criminally drove your car into them with devastating and indeed fatal consequences.”
Lawyers acting for Nugent appealed the sentence imposed on him and judges at the court of criminal appeal in Edinburgh reduced his jail term.
It was argued that the penalty imposed was excessive and that the sentencing judge attached too much weight to aggravating features of the case and gave insufficient weight to mitigating factors.
Defence counsel John Scullion KC told the appeal judges that in his submission Lord Arthurson erred by failing to give sufficient weight to the “powerful mitigating factors” for Nugent.
He said: “He had a previous good driving record. He remained at the scene and cooperated with the police and informed them he must have fallen asleep.”
He said Nugent was assessed as posing a minimum level of reoffending and added: “His remorse has been evident and profound throughout.”
Lady Wise, sitting with Lord Clark, held that the sentence was excessive and substituted a jail term for four years and one month. Nugent was disqualified from driving for five years and 11 months.
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