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Lollipop lady killer jail term quashed.

Byline: Dave Finlay

A SCHOOL bus driver jailed after he ran over and killed an elderly lollipop lady had his sentence overturned yesterday.

David Dunsmuir, 56, was sentenced to seven months at Ayr Sheriff Court after admitting causing the death of Audrey Williams by careless driving.

He was driving around 30 pupils to school in Ayr when his bus struck Audrey, 79.

She later died in hospital.

Sheriff John Montgomery had said no disposal other than jail was appropriate, although the victim's family said he should be treated with "as much sensitivity as possible" assuming his regret was genuine.

Yesterday, appeal judges in Edinburgh imposed a sentence of 200 hours' community service on Dunsmuir, from Darvel, Ayrshire, instead.

REMORSE Lord Emslie and Lord Osborne heard that the offence was "essentially inexplicable" with no aggravating features such as drink, excessive speed or unusual manoeuvres.

They heard Dunsmuir had expressed regret and remorse and his counsel James Gilchrist QC argued that while a long driving ban was inevitable, jail was not.

Lord Emslie said: "It involved a serious and apparently inexplicable failure to react to a school crossing patrol. A lady doing valuable work for the community lost her life."

But he added: "We have reached the conclusion that the imposition of custody, especially for such a short period, was not the only appropriate disposal for a man of mature years with no previous convictions and no prior experience of custody."
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Publication:Daily Record (Glasgow, Scotland)
Date:Jun 2, 2012
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