Dangerous driver who killed American tourist given unpaid work sentence
A man who was convicted of causing the death of an American tourist by dangerous driving has been ordered to carry out 300 hours of unpaid work.
Jordan Kenvyn, 26, from Dumfries, was driving on the wrong side of the road when his Renault Clio hit Barbara D'Amato's Fiat car in January 2014.
The crash happened on the A702, near Elvanfoot, South Lanarkshire.
A judge decided not to jail Kenvyn after deciding there was "exceptional mitigation" on hearing of his remorse.
Lady Scott had told Kenvyn, following his conviction in July, that a custodial sentence was likely.
However, when he appeared at the High Court in Edinburgh for sentencing, the judge decided to impose a three-year community payback order and ban him from driving for five years.
Lady Scott said: "As a consequence of your dangerous driving Mrs D'Amato lost her life and all her dreams for her retirement have been left unfulfilled.
"Her husband, two sons and her friend Mrs Ralph have all been left devastated.
"The background report is very positive. I consider it is unlikely you will re-offend and that you will forever regret your conduct. I consider this is exceptional mitigation.
Lady Scott added: "Despite the seriousness of this offence I have decided, exceptionally, that a prison sentence is not necessary."
The court previously heard that Kenvyn had been travelling at "very high speed" and had not been paying attention at the time of the crash.
He admitted that he was on the wrong side of the road but could offer no explanation as to why.
Mrs D'Amato's friend, Colette Ralph, 48, who was travelling with her, said: "It all happened so quickly. It was over in seconds.
"There was a loud bang and a violent jolt and the airbag was in my face. It took me a few seconds to register what happened.
"I couldn't get out of the front door. I climbed out of the back seat and tried to get out the back door. "
Mrs Ralph, a British ex-pat living in Switzerland, suffered abdominal injuries.
She was informed in hospital that her friend, 61-year-old Mrs D'Amato, had died after suffering facial injuries.
Mrs D'Amato, who lived in France, was visiting Scotland with a view to buying a property for her retirement.
Mrs Ralph said: "She had been planning to retire in Scotland. It was always her plan. Her intention was to come and live here."