An Angus man who killed his father in a motorbike accident has been spared a jail sentence.
Lord Matthews at the High Court in Glasgow told 20-year-old Ian Brand he did not wish to compound the family’s grief by jailing him.
Brand, of Bank Street, was banned from driving for five years and sentenced to two years’ probation.
He admitted causing the death of his father on August 22, 2009, on the track leading into the Den of Leuchland by careless driving while under the influence of alcohol.
The accident happened on the outskirts of Brechin following a barbecue at the family home in the town’s Hillview.
He told police even before the death of his father was known: “This is going to be on my conscience for the rest of my life.”
When he was later told Ian Brand Sr had died, he said: “So I’m going to jail for killing my dad. What’s everyone going to think of me?”
He had been riding his brother’s unregistered Kawasaki 250 along with others at a track on the outskirts of Brechin when another group, including his father and mother Helen Dunsmore, arrived.
Brand, who was 19 at the time, had taken one of his friends as a pillion passenger but as the groups were getting ready to leave his father indicated that he also wanted to “have a go” on the rear of the motorcycle.
Neither the accused nor his father were wearing a crash helmet and there was no specific means to enable any pillion passenger to hold on.
The pair rode off before Brand turned and headed back towards those watching, but the bike appeared to swerve off to the left of the path. The motorbike collided with a concrete fence post and the pair were thrown from it, with Mr Brand Sr, who was 39, landing about 10 metres away.
An ambulance was called, but medics were unable to save him after he went into cardiac arrest. A post mortem revealed a severe haemorrhage over the surface of his brain as well as a band of bruising to his neck. A pathologist said the fatal injury was most likely caused by his neck and shoulder hitting the concrete post.
Police who arrived at the scene breath tested Brand and he was arrested after providing a positive sample. Brand was found to be double the limit almost two hours after the crash.
His lawyer, Susan Duff, said jailing Brand would be a “second tragedy” for his mother to deal with.
“The family have tried to ease the burden by telling him that it was an accident and not to blame himself,” she said.
She told how he and his father had been “close” and shared a love of motorbikes. Mrs Duff said jailing Brand would be a “crushing blow” to his mum Helen Dunsmore and the rest of the family.
She added: “She feels that, if her son goes to prison, it will put them all back to square one in terms of grieving and it will be a second tragedy to deal with.”
Lord Matthews said only in “exceptional circumstances” would a prison term for such an offence be avoided. The judge added this case fell into that category and he placed Brand on two years’ probation.
At the family home in Montrose Street, a friend of Brand said neither Brand nor his mother was available for comment.