Son avoids jail over father's bike crash death
- 24 August 2011
- From the section Tayside and Central Scotland
A son who caused his father's death in a motorbike crash has avoided jail after a judge said he did not want to "compound" the family's grief.
Ian Brand earlier admitted causing his father's death when he lost control of the bike while riding it off road after a family party in Brechin, Angus.
Both Brand and his father Ian, who was riding pillion, had been drinking.
At the High Court in Glasgow, Brand, who is now aged 20, was sentenced to two years' probation.
The court heard that Brand, from Brechin, had gone to an area of forestry to ride the bike after he had been drinking at a family barbecue in August 2009.
His father had jumped on the back of the bike before the teenager swerved off the path and lost control.
The court was told that Mr Brand Snr had been slammed into either a concrete fence post or the ground.
He was taken to Ninewells Hospital, but did not survive.
Even before the death of his was father was known, Brand told police that the crash would be on his conscience for the rest of his life.
He was found to be double the driving limit for alcohol following the fatal crash.
Lord Matthews told Brand: "In other than exceptional cases an offence such as this will give rise to a custodial sentence.
"I am satisfied, however, that this is such a truly exceptional case."
The judge said Brand had made a "slight error of judgement, albeit perhaps exacerbated by alcohol".
"In addition I take account of the effect of all of this on your mother and the rest of your family, who have already lost a loved one in an incident which they witnessed and which they see as a tragic accident," he said.
"I have no wish to compound their grief."
Brand will be placed under the supervision of a social worker during his probation and ordered to attend alcohol counselling.
He was also disqualified from driving for five years.