Fatal crash drink driver Martin Jolly loses sentence appeal

Appeal judges ruled that Martin Jolly's jail term of nearly 11 years was not "excessive"

A drink driver who killed a holidaymaker in southern Scotland has had a bid to cut his sentence rejected.

Martin Jolly, 27, of Newton Stewart, was jailed for 10 years and eight months last year.

He had admitted causing the death of Helen McCallum, 82, from Kilmarnock, on the A710 near Barnbarroch in 2019.

Lawyers for Jolly argued his jail term was "excessive" but judges said his actions had caused a "needless death" and the appeal was refused.

He was jailed at the High Court in Glasgow in October after he admitted causing death and serious injury by dangerous driving.

Helen McCallum died in the crash while on holiday in southern Scotland in 2019

The court heard Jolly had got behind the wheel of his Vauxhall Astra after drinking beer during a trip to the beach with a friend.

He lost control of his car and it went "like an arrow" into another Astra driven by Ramsay McCallum, 83, in which his wife Helen was a passenger.

The couple had been heading to their daughter's home in the village of Kippford where they were on holiday.

Mrs McCallum died in the crash and her husband was injured.

Defence lawyer Tony Graham KC told appeal judges Lady Wise and Lord Armstrong at the Court of Criminal Appeal in Edinburgh that Jolly's jail term of nearly 11 years should be reduced.

However, that claim was rejected.

Lord Armstrong said: "We are not persuaded that the sentencing judge fell into error into this case. "

He said there were a number of "aggravating factors" including that Jolly had taken alcohol and drugs.

"His attitude towards the offence can be illustrated by his four previous convictions - clearly this did not deter him from re-offending," he added.

"His actions caused a needless death and devastated the family of Helen McCallum.

"The sentence was not excessive. The appeal is refused."