Driver spared jail for killing woman, 71, in crash after family's mercy plea

Clark family Agnes 'Jo' ClarkClark family
Agnes Clark, known as Jo, died from her injuries five days after the collision

A 19-year-old driver who admitted causing the death of her 71-year-old passenger in a car crash in Angus has avoided jail after a plea for mercy from the pensioner's family.

Bethany Fraser was driving Agnes Clark, known as Jo, and three friends home from a hen party when she failed to stop at a junction and smashed into a Land Rover.

Mrs Clark, from Balmedie in Aberdeenshire, was taken to hospital after the crash but later died.

A court heard her family asked for Fraser not to be jailed, saying she was "not a bad person".

Bethany Fraser
Bethany Fraser was ordered to carry out 140 hours of unpaid work

Fraser was ordered to carry out 140 hours of unpaid work and banned from driving for 16 months at Forfar Sheriff Court.

She was also placed under social work supervision for three months.

Mrs Clark, a former receptionist at an oil and gas company, was Fraser's former partner's grandmother.

Her family said in a statement issued before the sentencing that they did not want to see "another life ruined by a jail term".

Fraser previously admitted causing the 71-year-old's death by careless driving in August last year.

Sheriff Garry Sutherland told Fraser, of Ellon, that nothing she could do “could bring Mrs Clark back".

The sheriff told Fraser to “not let this tragic incident ruin your life".

He said he accepted a police assessment that the collision had been the result of “momentary inattention".

The court had previously heard that the smash happened as Fraser, Mrs Clark and three others were travelling back to Aberdeenshire from a hen party in Kirriemuir.

Forfar Sheriff Court
Bethany Fraser was sentenced at Forfar Sheriff Court

Fraser's car crossed a junction at Tannadice without giving way and hit the oncoming Land Rover.

She said she had not realised there was a junction and had been following directions on her sat nav.

All the passengers managed get out of the vehicles, but Mrs Clark had sustained fractured ribs and a fractured sternum and died in hospital five days later.

Fraser's solicitor Lynne Freeland said her client had been “incredibly fond” of Mrs Clark and felt “very much like a granddaughter".

Ms Freeland added that Fraser had found it “very hard to process what happened".

'Live better lives'

A family statement issued through lawyers Digby Brown described Mrs Clark as "a loving mum, partner and grandma", with an infectious laugh and an "incredible sense of humour."

It added: “Wanting justice is not same as demanding punishment – the latter helps no-one.

“Bethany is not a bad person. We know she did not set out to cause a tragedy that day.

“It is important that any outcome reflects the seriousness of what happened but we don’t want to see another life ruined by a jail term.

"If there is a chance that Bethany, and others, have the chance to learn and live better lives then we would be open to that."