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Family of teenager killed on north-east road say there is no justice after driver avoids jail

Benjamin Waterfield died after Calvin McRobb lost control of his Citroen C2
Benjamin Waterfield died after Calvin McRobb lost control of his Citroen C2

The family of a teenager who died in a north-east horror crash has said there has been no justice after his killer avoided jail yesterday.

Seventeen-year-old Benjamin Waterfield died on March 12 last year after Calvin McRobb lost control of his Citroen C2 on a double bend before colliding with an oncoming vehicle.

The teenage driver had been speeding in the run up to the collision and had ignored pleas from a passenger to slow down.

McRobb appeared in court earlier this year and admitted killing his friend, who was travelling in his car, by driving carelessly on the A947 Aberdeen to Newmachar Road.

The incident occurred just two days after passing his driving test.

But yesterday the 20-year-old was spared jail after the sheriff ruled no custodial sentence could punish him more severely than the feeling of guilt he would have to live with for the rest of his life.

He was ordered to carry out 200 hours of unpaid work and placed on a home curfew.

Speaking after the verdict Mr Waterfield’s stepfather, Gerard Broere, said the sentence was no deterrent to others who drive in a potentially lethal manner.

He said: “Is a human life really worth 200 hours in the community?

“If there are no consequences to taking someone’s life how are people ever going to learn?

“I’m a biker myself and I like a bit of speed but if someone asks you to slow down you have to slow down.

“The police say they want to stamp down on people speeding but how can we if there is no punishment?”

McRobb crashed after driving in wet conditions just two days after passing his driving test.

Despite being asked to slow down he drove at excessive speeds and lost control of the vehicle as he approached a double bend near Rosehall, Swailand and collided with another car.

Mr Waterfield was taken to Aberdeen Royal Infirmary where he died of his injuries the following day.

Another passenger, a 16-year-old girl who can not be named for legal reasons, and the driver of the other vehicle Nikki Cain also suffered serious injuries.

Mr Broere added the family were struggling to cope with the loss.

The 45-year-old said: “The family are really upset and disappointed in everything.

“His mum is really struggling with everything and his sisters are devastated too.

“The younger one is always putting pictures of him up on Facebook.”

Representing McRobb at Aberdeen Sheriff Court yesterday defence counsel David Moggach said the impact of the crash on his client had been devastating.

He said: “It must be clear that he has been devastated by the events of March 12.

“He has accepted full responsibility for the collision which claimed the life of his friend.

“His driving exceeded the speed limit.

“He was below the speed limit at the time of the collision.

“The crash has had a devastating impact on his mental health and he lost his job.

“He was a very inexperienced driver at the time of the crash, it was two days since he passed his test.”

Sentencing the first offender, Sheriff Graeme Napier said: “This has had an impact on your mental health and your employment, leading your to self-harm.

“You were a very inexperienced driver at the time.

“You will have to live with the death of your friend for the rest of your life.

“Taking all these factors into account an alternative to a custodial sentence is appropriate.”

McRobb was ordered to carry out 200 hours of unpaid work in the community and placed on a tag which will restrict him to his home between the hours of 8pm and 7am for three months.

The following three months this will be reduced to the same hours, but only on Friday and Saturdays.

He was also banned from the roads for three years. He will have to resit an extended test.