Father of hit-and-run schoolgirl condemns appeal loss

Robyn Fryar died in hospital three hours after being hit by Gatti's car

The father of a schoolgirl killed by a hit-and-run driver has described the decision not to increase his sentence as "diabolical".

Robyn Fryar, 15, died in hospital after she was critically injured crossing a road in Paisley in 2019.

In August the Crown announced its intention to challenge the sentence handed down to 21-year-old Shaun Gatti.

But three judges have ruled the jail term of five years and three months was not "unduly lenient".

Robyn Fryar's dad Iain told BBC Radio Scotland's Drivetime that he was at her grave when he learned the challenge at the Court of Criminal Appeal had been unsuccessful.

Mr Fryar said: "If this is what they call justice in this country then there isn't any.

'Total hell'

"There is no deterrent. There is no nothing for people getting killed by young boy racers.

"We have got a life sentence. It's actually worse than a life sentence. It's total hell."

Mr Fryar said he now plans to campaign to get the law changed.

He added: "To me it is like murder, so he should get a much longer sentence than what he did."

"My daughter was 15. My daughter has not got a life. We can't see my daughter doing anything, getting married, having children.

"He has got his whole life in front of him."

Paisley MSP George Adam also told the programme he now intends to raise the case with Scotland's Victim Taskforce.

Crown lawyers went to the Court of Criminal Appeal last month in a bid to challenge Gatti's custody term.

Prosecution lawyer Ashley Edwards QC told judges that Lord Mulholland, should have handed down a longer prison term.

The High Court in Glasgow previously heard how Gatti was on the wrong side of the road and speeding when he struck the teenager.

Robyn Fryar was struck as she crossed Glenburn Road in Paisley in July 2019

He admitted causing her death by dangerous driving and at excessive speed after consuming alcohol.

Gatti also admitted failing to stop after the fatal crash on 7 July, 2019.

Robyn Fryar was carried on the car before being thrown forward when the driver braked.

The court heard Gatti then got out of the car with his passenger Andrew Graham and saw Robyn on the ground.

He then got back in the car and drove off at speed.

Police estimated that Gatti was driving at at least 41 to 47mph in a 30mph zone.

Ms Edwards told the appeal court that Lord Mulholland should have followed sentencing guidelines used in English and Welsh courts.

'Acute grief'

She said that if he did this, he would have concluded that Gatti's offence fell within "level one" - a category which results in offenders being given prison terms of seven to 14 years.

But on Tuesday, in a written judgement issued by the Court of Criminal Appeal, Lady Dorrian upheld the sentence passed by Lord Mulholland.

The appeal judges concluded that English and Welsh sentencing guidelines could be used by Scottish judges as a reference point, but did not automatically apply in Scottish law.

Lady Dorrian wrote: "In our view there were two flaws in the submissions advanced in this case. The first was that they proceeded as if the guideline used in England and Wales was actually applicable in Scotland rather than available for such help as it may provide by way of cross check.

"The second flaw in addressing the guideline was to apply an overly analytical approach to its use."

The judgement added that having reached his conclusion Lord Mullholland considered the English guideline.

But the judges ruled they could not see how the case "could ever reasonably be fitted into that category".

They concluded: "The result is that the sentence cannot be described as unduly lenient and the appeal must fail."

Passing sentence last year, Lord Mulholland told Gatti he had "delivered the most acute grief" to Robyn Fryar's family.