A driver who blamed his girlfriend for causing a car crash that claimed her life has been jailed for four years.
Steven Allan alleged that his girlfriend, Rebecca Sivyer, grabbed the steering wheel of his Vauxhall Corsa before the vehicle struck a fence and crashed into a tree.
But Allan’s claim, which he first made during his earlier trial, was rejected by a jury that convicted him of causing the young mother’s death by driving dangerously after using a handheld mobile phone.
Allan failed to maintain control of the car, which crossed into the opposing lane, mounted a verge and collided with a tree on the A94 Perth to Forfar road near Coupar Angus on August 22, 2021.
A judge told the 33-year-old: “You were convicted of causing the death of Rebecca Sivyer by dangerous driving. Ms Sivyer was 23 when she died. She left a young daughter.”
Lady Carmichael said that the loss of her life has caused terrible harm and grief to those who loved her.
The judge said at the High Court in Edinburgh: “Their lives have been changed forever and no sentence I can impose today can repair that harm.”
She said that the offence fell into a category under sentencing guidelines that would attract a sentence of between two and five years imprisonment, before taking account of aggravating or mitigating factors.
There was no evidence of prolonged bad driving, but the jury found there was a single episode of driving while he was avoidably distracted.
Lady Carmichael said: “The evidence indicated you did not brake at any point.”
The judge said she noted that Allan also suffered serious injury and that the first offender had a previously good driving record. She also said he had a good work record and provided for two children.
But she told Allan: “You have never offended before, but the seriousness of the offence means there is no alternative to a custodial sentence.”
Allan, formerly of Alyth, Perth and Kinross, had denied causing the death of Ms Sivyer by dangerous driving during an earlier trial.
During his evidence, he told his defence counsel, Gary Allan KC: “She grabbed the steering wheel. I have kept it to myself for four years.”
Mr Allan asked him: “Are you able to help us with why she did that?” and the delivery driver replied: “No.”
But prosecutor Tracey Brown told jurors: “I invite you to reject the explanation offered by the accused. It did not happen.”
The defence counsel told the court that Allan had given his account of events but added “that account plainly did not raise a reasonable doubt in the mind of the jury”.
He said Allan has led “an entirely pro-social life” and was assessed as posing a low risk of reoffending. He told the court: “He will have to live with this incident for the rest of his life.”
The defence counsel said of Allan’s evidence in court over Ms Sivyer: “His reluctance to speak ill of the deceased, he tells me, played a huge part in his holding that back.”
Allan was banned from driving for seven years and told he would not be able to obtain a driving licence until he passed an extended driving test.
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