A woman whose careless driving caused the death of a Wick toddler has escaped a prison sentence.
Two-year-old Iain Mackay was asleep in a booster seat in the back of a Peugeot 208 when Sonya Henderson’s car crashed into it.
Wick Sheriff Court heard that Henderson, 42, failed to maintain proper observation and her Nissan Quashi crossed into the path of the other vehicle on the A99, 12 miles south of Wick, on August 22 2021.
Henderson, of Main Street, Lybster village, previously pleaded guilty to causing Iain’s death by careless driving.
In an emotional sentencing hearing today, Sheriff Neil Wilson ordered she carry out 200 hours of unpaid community work. She was also banned from driving for 25 months.
The decision provoked anger from the public benches, with the toddler’s mother, Ashlyne Mackay, shouting: “She killed my son … she has never said sorry.”
Mum with toddler when life support switched off
Iain – who was 35 months old – and his mum were passengers in the Peugeot, being driven by Savannah Nixey, when the tragedy occurred.
The court was told Mrs Mackay was the front passenger and Iain was asleep in a booster seat in the back.
Emergency services converged on the crash scene and Mrs Mackay was trapped and had to be cut free by firemen. She was taken to hospital along with the other adults, who had serious injuries.
Fiscal depute Niall MacDonald said that Iain had been receiving CPR but his prospects of survival were considered to be poor.
He was transferred from Caithness General Hospital to the Royal Hospital for Children in Glasgow. His mother was with him until his life-support machine was switched off.
Sheriff Neil Wilson was told that Henderson had wished she could have died instead of the youngster.
‘A terrible, terrible tragedy’
Her solicitor James Mackay said “words could not express the loss of a young life in what was a terrible, terrible tragedy”.
Henderson had been confused as to what side of the road the oncoming Peugeot was on and has not driven since the accident.
Sentencing Henderson, Sheriff Wilson said that the case had understandably raised considerable public interest.
The sheriff took into account that the accused was a first offender who had taken responsibility for her actions and avoided the need for a trial in what was “an extremely serious matter”.
He also expressed his condolences to the Mackay family “in their unimaginable grief” and said taking into account the degree of carelessness, a community-based sentence was appropriate.