On 3 June 2003 Sheriff Bowman sentenced the respondent to imprisonment for 18 months, disqualified him from holding or obtaining a driving licence for a period of 8 years and ordered that he should re-sit the extended driving test after the period of disqualification. We infer that the jury acquitted the co-accused on the basis that it was not proved that he took up the respondent's challenge. There was evidence that the respondent challenged the co-accused to a race. The other driver referred to in this charge, Alexander James Freeman, was charged on the same indictment under sections 2 (dangerous driving) and 12(1) (racing) of the 1988 Act. '(1)on 21st April 2002, on a road or other public place, namely West North Street and East North Street, Aberdeen, you CHRISTOPHER GEORGE JAMES STALKER did cause the death of Robert Gordon Banks, Smiddybank, St Margaret's Hope, Orkney, by driving a mechanically propelled vehicle, namely motor car registered number H366 URS dangerously, and you did drive at speeds in excess of the speed limit and did take part in a race or trial of speed between motor vehicles, namely motor car registered number H366 URS driven by you and motor car registered number G53 EOA driven by Alexander James Freeman and did on West North Street, cause Jack Fettes, 19A Balnagask Crescent, Aberdeen, a pedestrian there, to take evasive action to avoid being struck by the said motor vehicle being driven by you and did on East North Street, Aberdeen, cause said motor vehicle to collide with the said Robert Gordon Banks, a pedestrian then on the carriageway there, whereby said Robert Gordon Banks was so severely injured that he died: CONTRARY to the Road Traffic Act 1988, section 1.' On at Aberdeen Sheriff Court the respondent was convicted on the following charge:

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Stalker road to the north