A court has heard how a couple in their 70s who had been married for almost 60 years were hit by a careless driver while on a cycling holiday in Scotland, the collision killing 74-year-old Patricia Marshall when a new driver who had only passed his test a month earlier lost control of his car on a bend while “driving too fast for the road”.
Aly Albosati admitted causing death by careless driving in relation to the incident in Angus in June 2023 and his lawyer told Dundee Sheriff Court “he feels he deserves to go to prison”. Last week, the 27-year-old was sentenced to a driving ban and community service, the judge ordering him to complete 180 hours of unpaid work and issuing a 20-month driving ban.
The Courier reported from court that Albosati will also be under supervision for 12 months. A student at the time of the collision, the sentencing hearing heard how Albosati had only passed his driving test a month earlier, but had also been fined £300 for a road traffic offence six months before the fatal crash, at a time when he was still a learner driver.
Patricia Marshall and her husband Reginald were on a cycling holiday in Scotland when they were hit on a clear, dry June afternoon. The couple were married for 57 years and had completed cycling trips across Britain and Europe, their family saying they are “heartbroken” by Mrs Marshall’s death.
Albosati’s lawyer accepted that his client was “driving too fast for the road”, even if he was legally within the speed limit. The new driver “misjudged” a right-hand bend, prosecutor Paula Wedlock telling the court he “mounted the verge” and lost control of his vehicle.
“He has applied excess bearing to the right,” she explained. “Excess steering caused his Ford Fiesta to rotate in a clockwise direction and cross the carriageway in a south-west direction. Whilst rotating and out of control, the front corner collided firstly with the bike ridden by Mr Marshall, then the bike ridden by the deceased, causing both to be knocked off.”
Mrs Marshall was airlifted to hospital in Dundee but died a few hours later, her husband also suffering “extensive bruising” in the collision on the B965 Friockheim to Inverkeilor road.
The judge Paul Ralph told the court the death “had a devastating effect” on the cyclists’ family. “She was 74 and had been happily married for 57 years at the time of her death,” Sheriff Paul Ralph said. “She was clearly a much-loved wife, mother, grandmother and great-grandmother.”
Albosati’s lawyer insisted his client was “truly horrified and appalled his actions caused such a terrible outcome”. Despite telling the court of Albosati’s comment that “he deserves to go to prison”, the lawyer subsequently argued the 27-year-old could be punished with an alternative to custody. The court heard Albosati had dropped out of the University of Glasgow, citing mental health issues.
The sentencing hearing comes just two weeks after the government unveiled plans to consult on introducing a three or six-month minimum learning period for new drivers. The Department for Transport said it would “give learner drivers more time to develop their skills in varied conditions such as night driving, adverse weather, and heavy traffic”. Drivers aged 17-24 represent just six per cent of licence holders but are involved in 24 per cent of fatal and serious collisions.

























25 thoughts on “Community service for new driver who killed cyclist while “driving too fast” on country road, a month after passing his test”
‘Careless driving’
‘Careless driving’
Drove too fast and lost complete control by their own admission.
Clearly police Scotland have no interest in justice.
The article doesn’t even
The article doesn’t even mention Police Scotland. The Procurator Fiscal determines what charges are brought and the judge determines the sentence. Whilst I agree with your underlying argument that this in no way represents justice, not sure you have taken aim at the correct body.
I hate the get out that
I hate the get out that because it was national speed limit they werent illegally speeding and get away with careless
The national speed limit is a
The national speed limit is a joke. Our town is surrounded by rural lanes, many only one vehicle wide, yet the national speed limit (60mph) applies. When I’ve driven along these lanes even 30mph is too fast.
The government need to review the national speed limit.
I remember a battery storage
I remember a battery storage plant in the hills in Cumbria getting refused years ago, because they couldn’t get a 60mph visibility splay. When I got there, down its proposed track access (the so called national speed limit road) you would have struggled to do 15mph! Sounds exactly the sort of lane you are talking about.
They have no interest in
They have no interest in humans who travel on non-motorised bicycles.
180 hours community service
180 hours community service can be done in 5 weeks.
So 5 weeks “punishment” for killing another road user through the driver’s stupidity.
A complete joke sentence as usual.
It’s even more of a joke if
It’s even more of a joke if what I’ve heard from people who have been involved with community service (as administrators) is true: virtually nobody does their full hours because if they turn up somewhere and the weather or ground conditions are deemed unsuitable for whatever task the offenders have been assigned they get sent home but marked down as having done a full day, if they plead medical appointments et cetera again they are allowed to leave several hours early and marked as having done a full day, ludicrously if they attend but are then sent home for being obstructive or abusing the supervisor they are still marked down as having done a full day. Additionally it’s also apparently pretty easy to get your hours reduced, ask for alternative work you can complete at home, or even get all the hours chalked off completely by claiming that you have childcare/elderly relative commitments that nobody else can fulfil.
In many walks of life,
In many walks of life, failure so soon after training and examination would lead to an investigation of the training provided. Can’t help but feel that driving instructors should be asked to provide a copy of their training records in such cases. It may help focus on educating drivers as oppposed to passing a test.
This is exactly what can
This is exactly what can happen to a flight instructor or examiner if one of their students crashes.
In some cases, all the other pilots recently passed by the same examiner can be told to take a mandatory retest with a government examiner.
I suspect it’s more to do
I suspect it’s more to do with the nature of young, inexperienced-but-over-confident males. The training and test should show you are capable of driving safely – but they don’t stop young men (and it is very disproportionately young men) from subsequently behaving recklessly. A more sophisticated ‘black box’ or post-test system might be more effective.
I believe it’s also
I believe it’s also statistically “young people with other young people in car” (though I’ve not gone through the stats and agree with your “young male”).
But the latest government road safety stuff appears to have dodged the “graduated driving licence” path. Despite citing several studies on this they fail to grasp that nettle * and say they are “consulting on a minimum learning period of 3 or 6 months” …
Of course the shorter time may correspond with the time you have to wait currently to get a test slot. The best kind of change to bring in – one that isn’t really any change!
* I believe there was some push- back and the usual “and how are you going to enforce that then?” Not unreasonable as even more than usual they don’t seem to want to spend much cash…
I think you all now
I think you all now understand the ‘justice’ your family can expect if you’re killed while cycling.
Driving tests are too limited
Driving tests are too limited. You barely get out of third gear. Needs to include driving on rural roads and dual-carriageways.
And the examiner should say
And the examiner should say “can you speed up a bit, I have somewhere I need to be soon”, or “no need to keep to the speed limit here, you’re holding people up and this car can safely go a lot faster”, then fail them if they do it.
Crash report: https://www
Crash report: https://www.cyclestreets.net/collisions/reports/2023991319601/
When they say he lost control on a ‘slight right hand bend’ I didn’t think it would be this slight.
A new case that adds up to
A new case that adds up to other precedents. A young driver who broke traffic rules and lost control of his vehicle can kill two cyclists and walk out freely. The next case is likely to have 3 dead cyclists.
Another day, another driver
Another day, another driver walks free after killing a cyclist.
https://www.countypress.co.uk/news/25773408.former-isle-wight-shop-owner-sentenced-cyclists-death/
To the surprise of no one, he walked out of court, 12 months custodial sentence, suspended for two years ?
Another day, another driver
Another day, another driver walks free after killing a cyclist.
https://www.countypress.co.uk/news/25773408.former-isle-wight-shop-owner-sentenced-cyclists-death/
To the surprise of no one, he walked out of court, 12 months custodial sentence, suspended for two years ?
Another day, another driver
To the surprise of no one, he
To the surprise of no one, he walked out of court, 12 months custodial sentence, suspended for two years
It surprises me that the jury found him guilty – my usual thought is that jury trials should be abandoned in cases of cyclists killed by drivers. However, if they were, the verdict would be given by judges (more than one, I hope), and this negligible penalty was laid down by a judge, so cyclists are stuffed, really
Sweet Jesus. Albosoti would
Sweet Jesus. Albosoti would have been handed a stiffer sentence if he’d punched the woman and left her with a black eye. Did the sheriff miss the part about her dying?
I think judges should be
I think judges should be banned from prefacing their sentencing with this statement, especially when that sentence is on the lenient end of the scale. It’s quite insulting IMO.
Use of the word ‘accident’ should be avoided too; this was far from unavoidable ?.
Nothing wrong with the judge
Nothing wrong with the judge using that statement…provided they have an affidavit signed by every member of the victim’s close family agreeing that “no sentence or penalty can adequately reflect or compensate for the loss” and that they are in agreement that because of that a ludicrously lenient sentence is perfectly acceptable.
Once again your life as a
Once again your life as a cyclist is terrifyingly worthless