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Last Updated: Thursday, 16 February 2006, 13:30 GMT
Banned driver caused man's death
High Court in Edinburgh
McGuire was sentenced at the High Court in Edinburgh
A banned driver who killed a pensioner while driving with his windscreen misted up has been jailed for 30 months.

James McGuire, 23, was convicted of causing the death of Alexander Donegan by dangerous driving in January 2004.

Mr Donegan, 77, was crossing a road in Paisley to get a prescription when he was struck by the car.

Passing sentence at the High Court in Edinburgh, Lord Kinclaven said the pensioner's death was "tragic".

An earlier court hearing heard how McGuire had paid £50 for a Ford Fiesta and drove off just minutes before the fatal incident in Rowan Street.

On any view this is a tragic case for everyone concerned
Lord Kinclaven

McGuire, of Alice Street, Paisley, was convicted of driving dangerously with the windscreen obscured.

He also admitted a further charge of failing to stop after the crash.

McGuire was turning right at a T-junction with his windscreen view obscured by mist when his car struck Mr Donegan on 16 January, 2004.

A friend of Mr Donegan's, who had been speaking to the victim moments before the collision, tried to comfort him while an ambulance was called.

Fiona Wilson, 61, said that following the conversation she heard a "thud" and saw Mr Donegan, of Glenbrittle Drive, Paisley, sprawled on the road.

Defence solicitor advocate Dennis Coffield said McGuire was currently serving two prison terms for drugs and for driving while disqualified.

He said McGuire had never denied causing the death of his victim, but contested the level of fault attributed to him.

Expressed remorse

Lord Kinclaven said: "The purpose of today is not to try to put a value on Mr Donegan's life."

He said he took into account that McGuire had expressed remorse and regret for what he had done.

"On any view this is a tragic case for everyone concerned," the judge said.

He also noted that McGuire was not under the influence of drink or drugs and had not been speeding at the time of the incident.

"But the fact remains you have been found guilty of the very serious offence of causing death by driving dangerously," said the judge.

Lord Kinclaven ruled McGuire should start serving the jail sentence at the expiry of his current prison terms and also imposed a further 10-year driving ban.




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