A 20-year-old from Brechin, who caused his father’s death in a motorbike crash, has avoided jail in what the judge called “an exceptional case”
Ian Brand admitted at an earlier hearing that he caused his father’s death when he lost control of the bike while riding it off road after a family party in Brechin.
Both he and father Ian had been drinking when the accident occurred.
The court heard that Brand had gone to an area of forestry to ride the bike after he had been drinking at a family barbecue in August 2009.
Brand had been driving with his father riding pillion.
At the High Court in Glasgow last week, Bran, was sentenced to two years probation.
The court heard his father had jumped on the back of the bike before the teenager lost control of the bike and swerved off the path.
Mr Brand senior had been slammed into either a concrete fence post or the ground.
He was rushed to Ninewells hospital but did not survive his injuries.
Sentencing, Lord Matthews said: “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 see as a tragic accident”, adding that he had “no wish to compound their grief.”
Brand told police that the crash would be on his conscience for the rest of his life, even before the death of his father had been confirmed.
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”.
Brand will be placed under the supervision of a social worker during his probation and ordered to attend alcohol counselling and was also disqualified from driving for five years.