Glasgow Times

Judge hails family of teen killed as driver sentenced

A JUDGE has hailed the “compassion” of a family who urged her not to jail a driver whose actions caused the death of their son.

Lady Poole paid tribute to Jay Morrison’s relatives moments before she told Bill McKenzie, 21, he wouldn’t go to prison for his actions on September 27, 2021.

The High Court in Glasgow had heard how Mr Morrison, from Barrhead, was just 19 when he lost his life in Nitshill, Glasgow.

He died after his Vauxhall Corsa spun out of control before smashing into a lamppost.

The tragedy happened because of how McKenzie, also from Barrhead, had been driving in the moments leading up to the smash.

The accused’s actions led to him pleading guilty to a charge of causing death by careless driving.

Yesterday, McKenzie appeared for sentencing before Lady Poole at the High Court in Edinburgh.

She heard defence advocate Thomas Ross KC talk about his client’s remorse and how Mr Morrison’s family didn’t want to see him imprisoned.

Lady Poole decided the best way to deal with McKenzie was to order him to perform 300 hours of unpaid work in the community. She also ordered him to be supervised by the authoritie­s for 12 months.

Passing sentence, Lady Poole told McKenzie: “Your actions on that day contribute­d to the death of Jay Morrison.

“Jay Morrison’s death was and still remains a tragedy for his family.

“They are to be commended for the compassion they have shown you.

“They have shown grace by saying they do not want to see you imprisoned.”

At earlier proceeding­s, prosecutor Gavin Dewar said the impact of Mr Morrison’s death on his family was “incalculab­le”.

However, he said Mr Morrison’s driving that night – undertakin­g McKenzie at one stage – also “fell below the standards” to be expected.

Mr Dewar said: “Although they continue to grieve, Mr Morrison’s family are also realistic about – and acknowledg­e – the significan­t part that his actions played in bringing about this tragedy.

“They are keen that no further pain is caused to anyone else involved as a result of the death.

“While sentencing is always discretion­ary for the judge, the Crown, perhaps unusually, respectful­ly invites your ladyship to have regard for the views of the next of kin when considerin­g the appropriat­e disposal in this most upsetting case.

“Mr Morrison’s family wish it to be said that they do not wish to see Mr McKenzie imprisoned for his role in what happened.”

The incident which led to Mr Morrison’s death occurred on the A726 Nitshill Road near to Levern Bridge Road.

There were roadworks in the area at the time.

Mr Dewar told how both McKenzie and Mr Morrison – who had each relatively recently passed their driving tests – were initially in the same lane.

The prosecutor added: “Jay Morrison undertook McKenzie. They drew level with each other with Jay Morrison now in another lane.

“He was gesticulat­ing at McKenzie and his two passengers.

“McKenzie accelerate­d to keep pace.”

The charge stated McKenzie – who was also behind the wheel of a Vauxhall Corsa – drove in excess of the speed limit and in “close proximity” of Mr Morrison.

He then braked to allow Mr Morrison to come back into the same lane and get by the roadworks.

But, seconds later, Mr Morrison lost control, his car spun and initially hit the kerb.

The vehicle then smacked into a bus stop, ploughed into a grass verge and collided with a lamppost, which fell onto the roof of the Corsa.

One of McKenzie’s passengers dialled 999.

Two police officers arrived and helped Mr Morrison get out of his car.

They performed CPR until paramedics turned up. Mr Morrison was then rushed to hospital but died the next day due to a fatal head injury.

The court heard the teenager was a “much- loved son, brother and friend”.

Yesterday, Mr Ross said the circumstan­ces surroundin­g the death showed that his client could be spared prison.

He said his client had displayed “extreme remorse” for his actions.

Mr Ross said McKenzie assisted the police in the aftermath of the incident by confirming he was the driver of the car and providing “relevant” samples of breath.

He also spoke of the “extraordin­ary compassion” of Mr Morrison’s family towards McKenzie.

Mr Ross added: “They bear no ill will towards Mr McKenzie and have no wish to see him sent to prison.”

The advocate also said he had a good work record and a noncustodi­al sentence would help his rehabilita­tion.

Mr Ross added: “He is a good boy.”

Lady Poole told McKenzie she was also going to ban him from driving for five years.