A teenage boy who killed a bus driver in an attack that saw him headbutting and “raining punches” on to his victim has lost an appeal against his sentence.
Keith Rollinson, 58, died in hospital after suffering a cardiac arrest following the assault at a bus station in Elgin in February 2024.
The 16-year-old, who was 15 at the time of the incident and cannot be named for legal reasons, was initially charged with murder but pleaded guilty to the lesser charge of culpable homicide.
The teenager was granted leave to appeal against Lady Hood’s sentence of four years and four months, but judges Lord Matthews and Lord Beckett this week ruled it was not excessive.
In his published judgment, Lord Matthews wrote: “The sentence is not excessive. There has been no miscarriage of justice and the appeal is refused.”
During the plea hearing last year, the High Court in Edinburgh heard how the boy had spent the evening drinking with other youths in Elgin town centre and had planned to catch the last bus home.
The attack took place after Mr Rollinson refused to allow him to board the vehicle due to his intoxicated condition.
During an argument on the concourse, Mr Rollinson grabbed the teenager’s phone and threw it to the ground before stamping on it several times.
In response, prosecutors said the teenager “completely lost control, raining punches on the deceased’s head and body”.
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Mr Rollinson collapsed and was taken to Dr Gray’s Hospital but did not regain consciousness.
A post-mortem examination found Mr Rollinson had a pre-existing heart condition and was “at risk of a sudden fatal cardiac event at any time”.
It was noted the physical altercation most likely would have led to increased blood pressure, irregular heartbeat, followed by a cardiac arrest.
The Crown argued “had it not been for the assault, he may not have died when he did”.
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The court also heard the teenager had a number of previous offences, including being subject to a supervision order for another assault on a bus driver that ended just weeks before the deadly one.
Lord Matthews wrote: “The court must endeavour to protect people who provide a service to the public and can be in a vulnerable position.
“It is of significance that this is not the first time the appellant had assaulted a bus driver. Such conduct must be deterred.”
A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: “We note the decision of the Appeal Court.”
