Family ‘let down’ by sentence for Oswestry death driver

Saturday 12th March 2011, 9:00PM GMT.

Scott Muir
Scott Muir

The family of a Shropshire teenager who died after the car he was a passenger in collided with a tree today said they felt let down by the justice system after the driver was jailed for 12-months for causing death by careless driving.

Scott Muir, 21, of Old Chirk Road, Gobowen, was also given a 26-week jail term, to run concurrently, for driving without a licence and banned for two years when he appeared at Shrewsbury Crown Court yesterday.

Grant McCulloch

He had admitted causing the death of 18-year-old Grant McCulloch by careless driving on October 24, 2009.

The court heard Muir was driving on the B5069 Gobowen Road in Oswestry when he lost control of the car, which collided with a tree.

A statement issued by the family of Mr McCulloch said they were “devastated” by the outcome of the hearing.

It said: “Scott Muir will be freed from his jail sentence for causing our son’s death in about six months while we are left to face a life sentence without Grant.

“We have existed in the hope that justice would be done for our special son. He was the sunshine of our lives.

“Although we are so disappointed with the justice system, we would like to thank Inspector Jim Stafford of Oswestry Police for the overwhelming support he has given to us during the long, drawn-out court process and also thank Grant’s true friends who have shown such sympathy and support for us throughout.”

Mr Paul Smith, for Muir, told the court yesterday his client had suffered “severe” injuries in the incident and still required facial surgery.

He said: “Mr Muir is very lucky to be alive. He has struggled against the challenges he has faced.”

Judge Robin Onions told the court he took a number of aggravating features into account when passing sentence, including Muir’s previous driving offences, alcohol and cannabis being detected in his system, under-inflated tyres and driving without insurance.

But because Muir could not remember the crash and there were no witnesses he said it could not be proved with precision what happened.

He said: “The most likely scenario is that he went into the bend too fast and overcompensated. No sentence I can pass can reflect the loss of Grant’s life. No judge can do that. I can only pass on a sentence which reflects the quality of driving.”

By Sam Pinnington

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