HMA v ASG 2019ASG, an appellant, has his appeal against a finding of facts, that took place in July 2019, that found he committed the offence of death by dangerous driving dismissed at the High Court in Edinburgh. ASG was found unfit to stand trial due to suffering from dementia.
The High Court upheld the ruling of the judge who found that beyond a reasonable doubt the appellant committed this offence. The appellant was charged with causing the death of an elderly man as he crossed a Glasgow road as the appellant was not wearing glasses and his eyesight feel below the standard required. The victim died in hospital as a result of his injuries. The appellant argued that there was not enough evidence led during the finding of facts to conclude the appellant was guilty of this offence of death by dangerous driving. The appellant’s legal team argued no one was able to conclude from the evidence that the appellant was not wearing his glasses at the time of driving. A police officer had given evidence to state the appellant had not said to him he was a glasses wearer but he failed to pass the number plate test. The appellant’s legal team said nothing should be inferred for this as he was not cautioned then and was under no obligation to mention this. However, the appeal was refused.