Nurse avoids jail following crash which killed pensioner
Sheriff says he suspects tiredness was a factor
Last updated 20th Jan 2025
A nurse convicted of causing the death of a pensioner by careless driving has avoided a custodial sentence.
Angela Hislop, from Kelso, was previously found guilty of driving into the wrong lane following a 12-and-a-half hour nightshift at Borders General Hospital, and colliding with a car being driven by 72-year-old Janette Davidson.
The tragedy unfolded on a B-road near Floors Castle in November 2022.
Hislop's red Mercedes crossed into the opposite carriageway and struck a grey Kia Venga driven by Ms Davidson, who died from her injuries.
At Selkirk Sheriff Court today (Monday), the 48-year-old was given a 12-month home curfew and disqualified from driving for the same period.
Sheriff Peter Paterson said he strongly suspected tiredness was a factor in the crash, and that Hislop knew she was tired, given her car window was found halfway down in a morning in November.
But he added no sentence will achieve any form of comfort or restoration for her victim’s family.
“This is clearly a tragedy,” he said. “Primarily for Ms Davidson’s family. This is something they’ll never get over.”
The sentence - a direct alternative to custody - means Hislop, who is now working a dayshift at the hospital, must remain at her home between the hours of 7pm and 6.30am.
Ms Davidson’s family - who say they miss her every day - have slammed the sentence as "far too lenient".
They've described the pensioner, also from Kelso, as "the most kind-hearted person… a loving mother, wife, grandmother and friend".
'Devastated'
In a statement issued via lawyers Digby Brown, Ms Davidson's family said: “While we do our best to cherish the positive memories we have we cannot help but remain devastated at the loss of so many milestones we have missed with her.
“The manner of her passing remains painful to us, worsened only by the trauma of what we felt was an unnecessary trial – to us, we feel this suggests the driver had no remorse, thinking only of herself instead of doing the right thing.
“While we know that no sentence will ever bring Janette back we feel today’s outcome is far too lenient and does not reflect our pain, the value of Janette or serve a lesson to others.
“Our priority now is to move forwards in relative peace as we look to the future and try to continue to live with the same positivity and values she lived by."
The crash took place on the the B6397, near the turn-off to Galalaw Farm Cottages, shortly before 9am on November 11th, 2022.
During a three-day trial at Jedburgh Sheriff Court last year, John Adams, prosecuting, asked Hislop: "When you got into your car, how did you feel?" And she replied: "Fine... excited because I was (starting) on annual leave."
Earlier, her solicitor, Gary Miller, said: "It may be suggested you may have been tired - were you tired?" "No," she replied, "absolutely not."
When asked why her front window was "half-way down", Hislop added: "I always drive with the window down, that's a habit I have; I'm menopausal, I take hot flushes, it's unpleasant."
Mr Adams further probed: "I say you crossed into the opposing lane - do you accept that?" Hislop replied: "I don't know what happened. I told you what I can remember and that's all I can say."
The court heard the home curfew was the maximum length that could be imposed in the circumstances.
Hislop, who has dedicated her life to helping others, was also injured in the smash.
NHS Borders has declined to comment on the case.
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