A learner driver who killed three 16-year-old friends in a crash when he drove his car for the first time at excessive speed in Dumfries and Galloway has been jailed for nearly five years.
Jake Loy, 19, lost control of his Honda Civic just after midnight on the A711 in Cargenbridge on March 16 2022 after taking it out on a public road for the first time, without the supervision required by a provisional driving licence.
Loy, then 17, had collected three friends prior to the crash and was estimated to be driving at more than 60mph on the country road when he lost control and ploughed into the path of a Honda CR-V travelling northbound.
Passengers Tyler Johnston, Ian Cannon and Finlay Johns, all 16, died at the scene and three men in the Honda CR-V suffered serious injuries.
Loy pleaded guilty to a charge of causing death by dangerous driving at a previous hearing at the High Court in Glasgow.
Defending, Donald Findlay KC said Loy had no memory of the crash due to a head injury.
Mr Findlay said: “It was quite moving when he said that if he could take the place of them, he would have rather it had been him.”
Psychologist Professor Gary MacPherson assessed Loy and found he was “immature”, the court heard, and Mr Findlay suggested he may have wanted to “endear himself” to his peer group and “impress” his friends.
The court heard that Mr Cannon had sent a Snapchat message prior to the crash saying he was “scared” because Loy was a “terrible driver and flooring it”.
Mr Findlay called for a non-custodial sentence and said: “Prison may be punitive and cause Mr Loy more harm than good.
“Imprisoning Jake Loy won’t make him a better person, it won’t bring anybody back.”
The court heard the other driver had been adhering to the 60mph speed limit and although Loy’s speed was “unknown”, it would have exceeded this.
The collision split the Honda Civic in half, with some parts of the vehicle found 25m along the road, the court heard.
Judge Lord Harrower told the court that Loy was driving his own car, but had never taken it out on a public road before and should have been supervised.
Loy collected Mr Cannon and Mr Johns from Moffat, where all three boys lived, then stopped at a motorway service station before driving to Dumfries to collect Mr Johnston, the court heard.
Lord Harrower said: “Your actual speed is unknown but the collision split it in two.
“The investigating officer was of the opinion that you must have been going much faster than the other car, which was driving at 60mph. I conclude you must have been driving in excess of the speed limit.
“Ian Cannon posted a message saying he was scared because you were swerving all over the place and you were a terrible driver and flooring it.”
Loy was sentenced to four years and eight months, and banned from driving for eight years.
Sentencing, Lord Harrower said: “Three young lives have been lost. Three other individuals sustained serious injuries.
“You sustained serious injuries. The deceased were all friends and you have shown remorse.
“The social work report highlights concerns raised in psychological assessments carried out between the ages of 12 and 17 years old.”
The court heard that “impulsiveness” and “recklessness” may have contributed, but a social work report found Loy to be at “low risk” of reoffending.
Due to Scottish sentencing guidelines for under-25s, introduced the same year as the crash, Loy’s sentence was reduced.
Lord Harrower said he would have handed down a seven-year sentence, were it not for the early guilty plea which was entered at the first opportunity.
He said: “In my view, there is no alternative to a substantial custodial sentence – albeit substantially less than for an older person.”
Moira Orr, procurator fiscal for homicide and major crime, said: “This was a truly tragic incident and our thoughts remain with all those involved.
“Jake Loy chose to drive his vehicle despite not holding a full licence and being an inexperienced road user.
“His decision to drive in the dangerous manner that he did has changed many lives forever.
“We hope this conviction brings some level of comfort to the loved ones of the three young men who lost their lives as well as those who were injured.”
Police Scotland road policing Chief Inspector Lorraine Napier said: “I would like to pay tribute to the families and friends of the three young men who lost their lives in this crash, and thank everyone who worked so diligently to bring this case to a conclusion.
“No conviction or sentence will ever reflect the impact the crash had on the families and friends of Ian, Tyler and Finlay, but I hope it brings some measure of closure.”
Alan Johns, Finlay’s father, said his son was a “lovely boy”, who was looking forward to going to college.
He described his son as “easily led” in an interview with BBC Scotland.
Mr Johns said: “There are no winners, the sentencing is what we expected – but it’s very, very lenient.”
He added: “He had his whole life in front of him.”
Finlay’s brother, Grant, said: “No sentence could ever be enough, he’s took away our brother, he’s ruined our family.
“He’s ripped our family to pieces.”
