A man who found the temptation to drive “just too much” and jumped behind the wheel while disqualified for the 12th time has avoided a prison sentence.
Gavin Cruickshank, 60, was stopped by police on the A93 in Banchory after he purchased a vehicle and took it for a spin because he got “bored”.
He has driving convictions stretching back to 2001 and has received “jail, jail and more jail” for driving whilst banned, Aberdeen Sheriff Court was told.
Cruickshank, who suffers from learning difficulties, admitted one charge of driving a vehicle whilst disqualified on January 10 this year.
‘The temptation was too much’
He also pleaded guilty to driving without insurance during the same period.
Fiscal depute Rebecca Thomson told the court that around 9.45pm police were on mobile patrol when they spotted Cruickshank on the A93 in Banchory.
She added: “At that time, the vehicle being driven by the accused came to their attention and they stopped the vehicle and the accused was found to be the driver.
“A police national computer check showed that he was disqualified from driving and as such would not be covered by any policy of insurance.”
His solicitor at that hearing, Laura Gracie, told the court the “temptation was just too much with the vehicle being just outside the address”.
Cruickshank’s defence agent Alex Burn today described his driving record as “appalling”.
“He had the vehicle there and he has always said he wants to pass his test, but as of yet hasn’t done so,” he said.
“The position is that he gave way to temptation and took the vehicle out.
“He does accept full responsibility for all his offences and he knows that he shouldn’t have taken the vehicle and driven it.
“Normally I would say that a custodial sentence was inevitable, but he could perhaps benefit from his liberty being affected because previously it’s just been jail, jail and more jail and that clearly isn’t working.”
‘I’m sure you’ve got better things to do with your life’
Sheriff Philip Mann told Cruickshank that it was clear “that you just don’t seem to get this thing about complying with court orders”.
He added: “It’s rather stupid really because it is just getting you into trouble when I’m sure you could do without it – and I’m sure you’ve got better things to do with your life than visit Her Majesty’s prisons on a regular basis.
“It is clear that custodial sentences aren’t working, so I’m going to depart from that method.”
As an alternative to a prison sentence, Sheriff Mann handed Cruickshank, of Bruce Court, Stonehaven, a community payback order with 12 months of supervision and a restriction of liberty order lasting eight months.
He also put six penalty points on Cruickshank’s driving license.
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