A teen boxer who killed a “devoted” family man in a tragic smash just three weeks after passing his driving test has been spared prison.
Calum Anderson was just 17 when his works van drifted into the path of a Volkswagen Polo driven by father-of-two George Mitchell.
The collision happened on the A977 Kincardine-Kinross road, just days before Christmas 2023.
Stirling Sheriff Court heard that much loved family man Mr Mitchell was on his way to pick his daughter up after school.
The court was also told that diabetic Anderson had been going to collect medication from another works van, however no medical reason could be determined for the cause of the crash.
No time to react
Fiscal depute Paula Wedlock said Anderson was an apprentice at the time of the crash.
“The accused gained his driving licence just three weeks before the collision,” she said.
“On December 20 2023, Mr Mitchell was driving his blue Volkswagen Polo on the A977 Kincardine to Kinross road when the accused, driving a Peugeot van, crossed onto the opposing carriageway, colliding with him.”
She said the crash happened on a straight section of road near Forestmill, with witnesses reporting that Mr Mitchell had no way of avoiding the collision after Anderson “drifted” into his lane.
She added: “Mr Mitchell was returning home after work and was on his was to pick his daughter up from school.
“He was driving northbound and there was a steady flow of traffic. Calum Anderson entered the opposing carriageway and collided head-on with Mr Mitchell. Mr Mitchell had insufficient time to avoid Mr Anderson.”
Despite CPR and emergency aid being administered, Mr Mitchell could not be saved and a post-mortem reported he had died of chest injuries consistent with a road traffic collision.
‘Profoundly remorseful’
Anderson provided negative drink and drug tests at the scene and it was shown that his mobile phone was not in use ant the time.
Investigators found that despite “catastrophic” damage to both vehicles there were no mechanical defects.
Ms Wedlock said the reason for Anderson crossing into Mr Mitchell’s path was unknown.
Barry Smith KC, acting for Anderson said he expressed his condolences to the family of Mr Mitchell, who were in court.
He said: “Calum Anderson understands very well that nothing I can say on his behalf can undo what happened in this unspeakably tragic accident.”
Anderson was a “keen and accomplished” boxer who was diagnosed with type 1 diabetes at the age of 14 but was considered adept at managing his condition, Mr Smith said.
“The accident and the tragic consequences has had, and will continue to have, a profound effect on Mr Anderson.
“He is aware of the consequences of his driving and takes full responsibility for them.
“He’s genuinely and profoundly remorseful.”
Mr Smith said the crash was a result of a “transient but complete loss of control” and Anderson remembered little of the collision.
‘Enormous’ impact on family
Anderson, of Heron View, Motherwell, previously pled guilty to causing Mr Mitchell’s death by careless driving on December 20 2023.
The crash happened at around 5pm near Forestmill, just 100 metres north of the junction with the B910 to Clackmannan.
Mr Mitchell was so badly injured, he died at the scene.
Sentencing Anderson, now 19, Sheriff Keith O’Mahoney told him: “This is of course a tragic case by any standard.
“The consequences of the events of December 20 2023 is that George Mitchell, a 57-year-old man was killed.
“He was married and a father. I’ve had the benefit of reading victim impact statements.
“They are eloquent in their description of Mr Mitchell as a kind, devoted and hard working man who ‘loved his family more than anything in the world’.
“The impact on his family has been enormous.
“No sentence I impose will bring back Mr Mitchell.”
He placed Anderson on a two-year supervision order and ordered him to carry out 300 hours of unpaid work, the maximum available.
He also placed him on a restriction of liberty order forcing him to remain within his home between 9pm and 6am for 12 months, and banned him from driving for 50 months.
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