Westerton Road Tingley: Pensioner killed by speeding Citroen van driver moments after leaving Leeds Tesco

Simon Young admitted he was talking to his young daughter in the passenger seat moments before he fatally collided with 75-year-old Terrence Garner on Westerton Road, Tingley.

Leeds Crown Court heard that 44-year-old Young had a "heavy night" the day before, drinking and taking drugs and only got to sleep in the early hours, but it was made clear he was not impaired at the time of the collision at around 4pm on February 20, 2022.

Experts suggested he was driving at an average of 33mph on the 30mph road, but Judge Robin Mairs said although we was technically speeding, it was unlikely he would have been prosecuted, with drivers often given a 10% discretion. He was also using a hands-free phone app through his dashboard in the moments before the collision, which may have distracted him but he was not breaking the law.

Prosecutor Michael Smith said Mr Garner had been to the Tesco Express store on Westerton Road and was walking home. He lived on the same street. It had been raining and the roads were wet but it was still light and "visibility was good".

He stepped out between parked vehicles and checked right to make sure it was clear. But he was then struck by Young's Citroen van as he was halfway across the carriageway.

Dash cam footage from Young's van was played to the court and showed the fatal moment of impact. It was only at the very last moment did Young try to avoid the collision. His brakes were only applied after the collision, Mr Smith said.

Young, of Rein Road, Tingley, stopped immediately and tended to the stricken pensioner.

Following his arrest, he was found to be twice over the legal limit for benzoylecgonine - a breakdown of cocaine, although it does not cause impairment. He gave a prepared statement to the police during his interview. He did admit speaking to his 12-year-old daughter, but remembered little of the collision.

Police experts said that had he been travelling at 30mph, the reaction time would have had two seconds and he could have avoided the fatal collision.

Messages found on Young's phone revealed he had been partying the night before and did not get to bed until after 4am. He later sent a message saying he "had a hangover from hell". Young was later charged with causing death by dangerous driving, which he admitted.

He has no previous convictions, but was caught speeding in August 2021 and given three penalty points.

Mitigating, Helen Chapman said: "He could have no complaints if he were to lose his liberty, but the probation service do suggest a direct alternative to custody."

Judge Robin Mairs said he would draw back from an immediate custodial sentence after conceding Young was a loving father and a "thoroughly hard-working and trustworthy individual" who was not a danger to society.

He said: "Nothing I say or do can counter balance what happened to Mr Garner that day. You [Young] wish you cold turn the clock back and rectify what happened. The evasive action you took was too late. But your conduct after the collision can't be criticised."

He gave him two years' jail, suspended for two years. He was also given 30 rehabilitation days and banned from driving for three years.