Teenage driver caused death of dad-of-two three weeks after passing test

A teen motorist caused the death of a father-of-two just three weeks after he passed his driving test.

Calum Anderson, then 17, lost control of his works van and drifted into the path of a car driven by “devoted” family man George Mitchell, 57, who was on his way to collect his daughter from school in the run-up to Christmas 2023.

Mr Mitchell’s VW Polo suffered “catastrophic” front end damage, and despite the efforts of paramedics he died at the scene from chest injuries consistent with a head-on car crash.

Stirling Sheriff Court heard that an “unknown event” had resulted in Anderson suffering “a transient but complete loss of control of his vehicle, which set in train the terrible accident”.

Speed, alcohol, drugs, tiredness, mobile phone use, mechanical defects and any link to Type 1 diabetes that Anderson had suffered from since age 14 had all been ruled out, the court heard, and another driver who had followed Anderson’s van for two miles before the crash reported it was being driven completely normally before it “just drifted out across the centre of the road and into the other side”.

Prosecutor Paula Wedlock said: “Mr Mitchell would have had insufficient time to react.

“There were no obvious hazards obstructing the accused’s view such as overhanging branches or hidden dips.

“The headlights of oncoming vehicles would have provided an indication of the straight path of the road.

“The reason for Mr Anderson crossing into the opposing lane is unknown.”

Anderson, an apprentice mechanic, had no recollection of the crash or the journey before it, the court was told.

The incident, near Forest Mill Layby on the A977 between Gartarry Roundabout, Alloa, and Forestmill, Clackmannanshire, occurred about 5pm on December 20, 2023, as Anderson was driving his Peugeot van westwards.

Anderson, now 19, of Motherwell, a first offender, appeared for sentencing on Tuesday after pleading guilty last month to causing the death of Mr Mitchell, a builder, by careless driving.

Barry Smith KC, defending, said: “Calum Anderson understands very well nothing I can say on his behalf can undo the harm caused in this unspeakably tragic accident.

“He is genuinely and profoundly remorseful.”

Anderson was sentenced to 300 hours of unpaid work, a 12 month 9pm to 6am curfew, placed under social work supervision for two years, and disqualified from driving for 50 months.

On the public benches, members of Mr Mitchell’s family wept as Sheriff Keith O’Mahony described it as “a tragic case by any standard”.

He said: “I’ve had the benefit of reading some very powerful victim impact statements prepared by Mr Mitchell’s family.

“They are eloquent of the huge loss they have suffered.”

Sheriff O’Mahony said the family statements described Mr Mitchell as “a kind, devoted and hard-working man who ‘loved his family more than anything in the world’.

“They describe a man who brought happiness, strength and safety into their lives on a daily basis.

“The effect of his loss on them must have been enormous, and it will continue to be enormous.

“No sentence I can impose can bring him back.”

Sheriff O’Mahony said prior to the accident Anderson’s driving had not caused any other road users concern, and there had been “no evidence of any foolhardy attempt to overtake”.

He said: “The accused’s vehicle is described as ‘drifting’. The background suggests momentary inattention,which brings the matter to the lower end of sentencing guidelines.”

He warned that the sentence he imposed was a direct alternative to custody.

He told Anderson: “If you breach these orders, you’ll come back to court, and custody is almost inevitable.”