More on KentOnline
A learner driver who caused the death of a passenger suffering from a serious heart condition has been jailed for three years and four months.
Leanna Culver had been diagnosed with ischaemic heart disease with a life expectancy of about 18 months when the tragedy happened.
She died after Anthony Grimmond lost control of his car on a bend in Cobham and demolished a telegraph pole. The car ended up on its roof.
The 27-year-old father had denied causing death by dangerous driving but changed his plea to guilty on the second day of his trial in February.
He had admitted the lesser charge of causing death by careless driving and causing death while unlicensed and uninsured.
Grimmond, of Evelyn Road, Meopham, was banned from driving for five-and-a-half years and will have to take an extended test before being allowed back on the road. Maidstone Crown Court heard Grimmond, who had traces of cannabis in his blood, claimed he had swerved to avoid an animal late at night and in his panic he hit the accelerator instead of the brakes.
The victim, 20, was his fiancée Chloe’s sister. He told police the young mother had wanted to talk to him that evening.
“She had been diagnosed with heart problems and had only been given 18 months to live,” said prosecutor Rowan Jenkins.
Grimmond told a police officer after the crash: “It was my sister-in-law in that car. You know she was only given 18 months to live yesterday? I took her life yesterday.”
The court was told he had mental health problems and the day before he had taken an overdose of antidepressant tablets in a suicide attempt.
“This, perhaps, gives an insight into his mental fragility at the time,” said Mr Jenkins. “He said he had smoked a single cannabis joint very early that day when he went driving.”
Grimmond had bought his 16-year-old automatic Renault Clio for £270 two weeks before the fatal crash in Henhurst Road, Cobham, on March 15 last year.
He said Miss Culver had asked if they could go for a drive and they went to see a friend in Meopham.
After they left the pal’s home at about 11pm he headed back to Miss Culver’s home.
He said he sped up a bit as he approached the bend, which he described as “blind”, on the 60mph road. He was doing about 35mph and started to slow down.
He later gave a different speed, saying he was doing about 10mph as he went round the bend.
It was then, he claimed, that something ran across the road in front of him. He swerved to try to avoid it and hit the accelerator instead of the brakes.
He thought something went wrong with the steering and hit the verge. “No matter what I tried to do, I just couldn’t get control,” he said.
The prosecutor told jurors: “You get the picture of somebody who should not have been driving in the first place.
“He was clearly not experienced enough to drive and deal with hazards and didn’t possess the necessary qualifications and chose to go out and drive.”
An ambulance was called but Miss Culver died at the scene. Grimmond was treated in hospital for a head injury.
Mr Jenkins said Grimmond lost control of the car on the “relatively gentle” left-hand bend. The car rotated and slid across the road before mounting the nearside bank.
It started to overturn and after breaking the telegraph pole in half, it ended up on its roof.
Grimmond said he had only had 10 lessons in a manual car.
“He over-steered and instead of putting his foot on the brake, he whacks his foot on the accelerator and loses control,” added Mr Jenkins.
PC Simon Masterson said Grimmond asked him at the scene of the accident: “Is she dead?” The officer replied: “Yes, I am afraid she is.”
A saliva test for drugs indicated the presence of cannabis, but a blood sample indicated a level below the statutory limit.
Kieron Moroney, defending, said Grimmond was full of remorse for what he did.
“He showed some insight into what he had gone wrong,” he said.
“It is unfortunate he did not plead guilty earlier. Perhaps he was not facing up to the reality of what he had done.
“He was an inexperienced driver who should not have been on the road. There will be a number of people in prison who will be unhappy with him. He is genuinely devastated.”
Passing sentence, Judge Charles Macdonald QC said: “This is a very sad and serious case. There is added poignancy that shortly before the collision, Leanna was diagnosed with a serious heart condition which affected her life expectancy.”
The judge said Chloe Culver had in her victim statement had expressed views on what sentence should be passed.
But he added: “While I respect the right of Chloe to hold those views, it has to be understood the law require me to disregard such views.”
Grimmond, he said, only held a provisional licence and inexperienced. He was also mentally fragile having been diagnosed with an emotional unstable personality disorder.
Judge Macdonald said the range for sentence was two to five years. The maximum sentence for causing death by dangerous driving after a trial is 14 years.
“All cases of this sort are tragic,” he added.
“The defendant must live with what he has done.
"Loss of life can never be restored and no court or proceedings can put a value on that life.
“It remains my duty to punish and deter according to the (sentencing) guidelines.”
Chloe Culver said in a statement her life had now changed forever.
The defendant must live with what he has done. Loss of life can never be restored and no court or proceedings can put a value on that life" - Judge Macdonald
She and Grimmond had in the past 12 months had a daughter and she would never know her aunt, said Miss Culver.
"Two years ago we lost our mother Verity to a heart condition and now I am grieving for my sister.
But she added: “I don’t want people to think I feel bad or blame Tony. I know he didn’t mean this to happen. It was an accident.
“He knew he should not have driven and he has to live with that for the rest of his life.
“I was told she had tested positive for ischaemic heart disease. The life expectancy for some diagnosed with it is about 18 months.”