A driver who caused the death of a woman pedestrian after mounting a pavement in a Range Rover has been spared a jail sentence. Janette Henry's vehicle struck Eleanor Ballantyne and her relatives as they made their way to a restaurant in Bearsden, in East Dunbartonshire, on Boxing Day in 2019.
Henry, from Bearsden, failed to keep proper observations and failed to negotiate a bend before driving across the opposing carriageway and onto the pavement. The 68-year-old collided with a wall at Manse Road and failed to stop before the victim of the fatal crash was struck and six others injured, three of them seriously.
Her vehicle then hit a parked car. Henry originally denied causing the death of the 60-year-old community worker, from Dundee, by driving dangerously, but was convicted of the lesser offence of causing death by careless driving following a trial.
The victim died at Glasgow's Queen Elizabeth hospital on January 2 in 2020 following the collision. A judge at the High Court in Edinburgh ordered that Henry carry out 100 hours unpaid work under a community payback order following the offence and banned her from driving for 12 months.
Her licence was also endorsed. Passing sentence on Wednesday, Lord Stuart said: "The collision and its consequences have been devastating for many." He said it was "a deeply tragic event" and victim impact statements which he had read spoke of the "painful and enduring loss" suffered.
Lord Stuart said the author of a background report on Henry noted she presented as someone who was sincerely ashamed and remorseful after having caused death and injury. The judge added: "My conclusion is that the collision appears to have been caused by a momentary loss of attention on your part."
Defence counsel Thomas Ross KC said: "Since the incident she has not driven and does not expect to drive in future." He told the court that Henry previously had a good driving record and said: "It seems to be the case that before December 26 in 2019 she had been driving for around 46 years without incident."
The defence counsel said that the offence was properly categorised as careless or inconsiderate driving arising from momentary inattention. Mr Ross said the court could be satisfied that Henry was genuinely remorseful for what had happened and the impact it has had on others.
He argued that a non-custodial disposal would be an appropriate sentence and said: "She has had a positive life helping others and has been judged by the jury to have made an error." Henry told her earlier trial that she got out of her vehicle to find a "scene from hell".
Eleanor's brother Charles Ballantyne, 52, said: "I remember watching the car and trying to process why it was not slowing down. I do not know if it was picking up pace, but it was not slowing down."
The transport manager said that in the aftermath he spotted his sister among the injured. He said: "She was face down in a puddle - half on the pavement and half off."
Henry was originally convicted of also causing serious injury to three others by careless driving during the incident but that was overturned by appeal judges as that offence did not exist at the time of the collision.
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