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Last Updated: Wednesday, 22 October, 2003, 11:45 GMT 12:45 UK
Death driver's jail term increased
Christopher Stalker
Christopher Stalker was convicted in June
A dangerous driver who killed a 16-year-old pedestrian has had his jail term more than doubled.

Christopher Stalker, from Aberdeen, was originally sentenced to 18 months in prison, but the Crown challenged the leniency of the sentence and it has now been increased to four years.

The 22-year-old was found guilty of taking part in a road race in April last year which ended in the death of Robert Banks, from Orkney.

The Court of Criminal Appeal in Edinburgh increased his sentence on Wednesday after a Crown challenge to Sheriff Pamela Bowman's decision at Aberdeen Sheriff Court in June.

The Lord Justice Clerk, Lord Gill, said: "In view of the irresponsibility of Stalker's conduct and its tragic consequences, we are in no doubt that the period of imprisonment that she imposed was unduly lenient."

If racing on public roads causes death or serious injury to innocent members of the public, a custodial sentence will be the normal penalty, however young the offender and however good his character
Lord Gill
He added that the appeal judges were aware from the number of cases coming before them that racing on public roads by young people was a serious modern-day problem.

The senior judge, who heard the appeal with Lord Osborne and Lord Cameron, said: "It frequently results in tragedy."

He warned: "We wish to repeat that if racing on public roads causes death or serious injury to innocent members of the public, a custodial sentence will be the normal penalty, however young the offender and however good his character."

Stalker's trial during the summer of this year heard evidence that he was driving at up to 70 miles-per-hour in a 30 mph zone leading down to the city's Beach Boulevard.

He skidded as he braked before striking Mr Banks and throwing him into the air.

Robert Banks
Robert Banks: Died after being hit by the car
Police estimated that Stalker was travelling at a minimum of 42 mph when he went into the skid and that if he had been driving within the speed limit the collision would have been avoided.

The court heard that another pedestrian narrowly avoided being hit by Stalker's car shortly before it struck nautical student Mr Banks.

In sentencing Stalker, a supermarket management trainee, Sheriff Bowman said she took account of the speeding and racing involved.

She noted, however, that he was of good character with no previous convictions and a clean licence and was remorseful.

But the Crown appealed against the sheriff's decision, claiming that she had been unduly lenient in the circumstances.

Mr Banks' mother, Susan, had described the sheriff's sentence as "an insult to my son's memory".


SEE ALSO:
Dangerous driving court move urged
12 Sep 02  |  Scotland
Anger of road victim's mother
03 Jun 03  |  Scotland


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