A driver who pled guilty to causing death by dangerous driving has had a possible 5 year sentence reduced to 40 months, in part due to his early acceptance of guilt.

At the High Court in Edinburgh today (Friday) Andrew Esslemont was sentenced to 40 months imprisonment for causing death by dangerous driving in Aberdeenshire in October 2006. He was also disqualified from driving for 7 years.

Esselmont had lost control of a vehicle after skidding in wet conditions, resultring in the death of his 21 year old passenger Louise McIntosh. 

Lord Brodie's full sentencing statement can be read below.

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“You appeared before me at Edinburgh on 7 May 2008 when you pled guilty to contravention of section 1 of the Road Traffic Act 1988, using the accelerated procedure in terms of section 76 of the Criminal Procedure (Scotland) Act 1995. On that occasion you did not seek bail and were remanded in custody.

By pleading guilty you have accepted responsibility for causing the death, on 27 October 2006, of Louise Karen McIntosh or Anderson. When she died she was 21 years of age.

You also have accepted responsibility of causing injury to Craig James Brown and Daren Mowat. In the case of Craig Brown the injuries were quite serious. Your actions have also affected many others. Your counsel describes you as being “devastated”. I accept that, but how much more must that be so for the family of Louise Anderson.

In terms of section 2A of the Road Traffic Act 1988 a person is to be regarded as driving dangerously (which is what you have pled guilty to) if the way in which he or she drives falls far below the standard that would be expected of a competent and careful driver, and that it would be obvious to a competent and careful driver that driving in that way would be dangerous.

There is, however, a quite wide range of driving that can properly be described as dangerous and the courts, both in Scotland and England, have emphasised that while the tragic consequences are very important, the main consideration in determining sentence must be the culpability of the driver as judged by the gravity of the dangerous driving involved and the surrounding circumstances. I therefore must look at the various factors that the courts have held must be considered in order to place this case at its appropriate point on the scale of cases of causing death by dangerous driving.

But before I do that can I emphasise one thing. References provided by those who know you and recognise in you someone with good qualities use the expression “tragic accident”. What occurred on 27 October 2006 was tragic. It was not intended but it was not an accident in the sense of a mishap or something that happened entirely by chance. The reason why the vehicle which you were driving left the road was the excessive speed at which you were driving and the impairment of your ability to react and to coordinate due to consumption of alcohol.

Turning to the gravity of your dangerous driving, I depend on the description provided by the Advocate Depute on 7 May.

• The scene of the accident was the A948 Ellon to Auchnagatt road at Waulkmill Croft, Ellon, Aberdeenshire which was subject to a 60 mph speed limit
• You were driving north along that road
• The road was wet from rain
• You were driving at a speed which is not precisely known but was in excess of 61 mph and, as is agreed was an excessive speed for the road conditions
• You lost control of the vehicle as you negotiated a left hand bend either by reason of failure to react or over-correction with the result that the vehicle began to rotate while still travelling north, left the road, went over the verge, through a fence, into a field, travelled some 76 metres and only came to rest having struck and knocked over a breeze block wall and tree

It seems to me that in this case there are the following aggravating factors

• You were driving at an excessive speed for the road conditions
• You were under the influence of alcohol – you admit this by your plea of guilty and you told the police that you had had at least five bottles of beer. It is not known precisely what you had to drink that evening. According to the Advocate Depute’s narrative it is agreed that you were in excess of the legal limit for driving (80 mg alcohol/100 ml blood), although not substantially so. It is agreed that your reaction and coordination were impaired by the alcohol that you had taken. I consider this a significant aggravation, even although it is agreed that you were not substantially above the legal limit for driving
• in addition to causing one death you caused injury to two other victims.

There are however also mitigating factors

• previously good driving record
• absence of previous convictions
• your good character as demonstrated by references from mother, employer and friend, and your history of steady employment
• the fact that at a stage when there was an issue as to who had been driving you accepted, during the police interview, that it probably had been you
• timely plea of guilty – pled guilty after case
• you yourself sustained some injury (albeit not very serious injury)

I take into account all of these factors, the whole terms of the Social Enquiry Report, the references provided to the court, and what has been said on your behalf

I nevertheless have no alternative but to impose a custodial sentence having regard to the nature of the offence to which you pled guilty. I take you to understand that. You did not seek bail when you were last before me.

Having regard to the guideline cases, the various factors that I have identified, the contents of the social enquiry report and what has been said on your behalf, the sentence of the court will be 40 months imprisonment back-dated to the date of your remand in custody. That reflects, as I must do in terms of the decision in the case of Du Plooy a discount of the order of third to reflect your plea of guilty by way of the section 76 procedure. If it had not been for your plea of guilty the sentence would have been one of 5 years imprisonment. The sentence will be back-dated from the date of your previous remand.

In addition I shall disqualify you from driving or applying for a driving licence for 7 years. After that you will require to pass the extended test, if you wish to drive.”