Pensioner driver, 84, killed his passenger and another motorist after falling into a micro sleep - but is spared jail over his 'genuine remorse'

Daily Mail​

3 days ago

A retired grandfather who nodded off behind the wheel after a day out, leaving two people dead and another seriously injured, has been spared jail.
Andrew Nicoll, now 84, was driving home to Whitley Bay after a countryside walk when his Mazda drifted into oncoming traffic on the A69 – slamming head-on into a Skoda Fabia in a horrifying collision.
Tragically, Nicoll's close friend and passenger, 81-year-old Keith Aiston, and Catherine Elford, 68, a mother-of-three travelling in the Skoda, were both killed instantly.
The crash happened just before 6pm on November 30 2023, on a dark, unlit stretch of the road near Haydon Bridge, Northumberland, as the pensioner made the near two-hour journey home without stopping for a break.
Newcastle Crown Court heard the likely cause was that Nicoll, a keen walker and amateur photographer, had either fallen asleep or suffered a 'micro-sleep' – drifting off for just seconds.
Despite the carnage, the court was told Nicoll, who had been driving for over 50 years without incident, was not under the influence of drink or drugs, nor was he using a phone or overtaking.
Now, the elderly driver has been spared jail after admitting causing death by careless driving – as a judge heard of his deep remorse and the emotional toll the tragedy has taken on him and the victims' shattered families.
The court heard the pensioners had been walking that day before setting off from Borrowdale to drive home.
He had not stopped as he did not feel the need and said he had no recollection of anything since being in the car park in the Lake District.
As Nicoll travelled east of Haydon Bridge, his car went into the west bound lane and collided head-on with the Skoda, driven by Mr Elford, with his wife in the car, as they travelled home towards Haltwhistle.
There was then a further collision as the Skoda rebounded into a Land Rover Discovery.
The driver of the Land Rover, Adam Maquire, who had been travelling in front of Nicoll's Mazda, said he noticed it momentarily appear alongside his car, on the wrong side of the road, before it collided head on with the Skoda.
Mr Maquire suffered relatively minor injuries as the Skoda then hit his car.
People at the scene tried to do CPR on Mrs Elford and tried to help the unresponsive Mr Aiston but both died at the scene.
Mr Elford suffered fractures to his ribs, wrist and tibia and also had lacerations to his hand and needed an operation to remove glass from it.
The court heard Mr Aiston's wife of 56 years and his three daughters and grandchildren have been left shattered by his death and left feeling 'pain and anguish'.
The family of Mrs Elford, a mother-of-three, have also been left devastated by their pain and loss.
Nicoll was also injured and was repeatedly asking about the welfare of his friend and said a number of times: 'I can't remember what happened.'
Nicoll pleaded guilty to two counts of causing death by careless driving and one of causing serious injury by careless driving.
He was sentenced to 12 months suspended for 12 months with a five-year driving ban and he must pay £600 costs.
Judge Edward Bindloss told him: 'What happened was, and the evidence is, you must have fallen asleep at the wheel and your car went from the east bound lane to the west bound lane suddenly and relatively quickly.
The evidence from the police investigator was your foot must have gently accelerated the car, which is also consistent with you falling asleep.
'I've seen footage from the dash cam of the Skoda and it all happened really quickly, suddenly and shockingly.
'You had been walking in the Lake District that day and, having set off at 4, this drive would have been just short of two hours. You had not stopped on the way and that may provide an explanation for you falling asleep.'
The judge said Nicoll has a high level of remorse and said references describe him as a 'kind, considerate, caring man, a man of integrity, honesty and respect'.
Mark Harrison, defending, said Nicoll was accustomed to driving relatively long distances and would have stopped to rest if he had felt the need. Mr Harrison said the keen walker and photographer had not been on an arduous walk that day.
He added: 'He is a retired man with a successful career behind him and an extremely supportive family. His family, like the defendant, have had, at the forefront of their thoughts, the impact on others.'
Nicoll wrote a letter in which he said he was 'deeply sorry for the terrible hurt caused to the bereaved families'.
Mr Harrison said Nicoll, who suffered serious injuries himself, including six broken ribs, has been deeply affected by what happened and his health has deteriorated. He added: 'He has expressed genuine remorse and empathy.'