A DRIVER who ploughed into the back of a young moped rider, throwing her 80 metres down the road and killing her instantly, has escaped being jailed.

After initially trying to blame innocent victim Emma Flatley for the collision, Ryan Ireland pleaded guilty at Warwick Crown Court to causing her death by careless driving.

The 21-one-year-old teaching assistant died after being struck by Ireland’s Vauxhall Zafira as she was riding her moped on a dual-carriageway section of the A46 near Alcester on October 28 last year.

Ireland, aged 23, of St Catherine’s Road, Evesham, was given a four month prison sentence suspended for two years, ordered to do 300 hours of unpaid work and banned from driving for two years.

Prosecutor Caroline Bray said the tragic collision took place as Miss Flatley, whose moped was limited to 30mph, was riding south on the dual carriageway between Oversley Mill and Salford Priors.

It was dusk, but although she was wearing dark clothes, she had a high-visibility belt and sash on, and the lights on the moped, which was properly position in the nearside lane, were on.

Ireland was driving his Zafira at 65-70mph, which was within the speed limit, heading in the same direction, and the driver in front of him pulled out to go past Miss Flatley.

Ms Bray said: “This defendant did not. The collision report details show there was no attempt to avoid the collision, no attempt to move or to brake. It was only after he had struck her that there was any braking.”

Judge Andrew Lockhart said: “On a dual-carriageway where the speed limit is 70 and other vehicles, farm tractors and the like, can travel at lower speeds, drivers should be aware of that risk. The closing speed here was 40 miles an hour.”

Miss Flatley's aunt, Theresa Flatley, read out a statement from her parents Vince and Sue, in which they spoke of their daughter’s "loyalty, honesty and selflessness."

Lee Masters, defending, said: “Mr Ireland and his family understand fully that any words expressing his remorse will do little to assuage the tragedy and the effect it has had on Miss Flatley’s family.

“But I hope both the court and her family will accept that expressions of remorse by Mr Ireland, through me, are genuine and heartfelt.

“The tragedy is that a young life has been cut short by the actions of Mr Ireland. It is quite inexplicable as to why he didn’t see her.

“He will have to live the rest of his life knowing he has cut short such a productive and promising life.”

Judge Lockhart, who had already rejected Ireland’s basis of plea that it had been the result of momentary inattention, said an aggravating feature was him trying to blame Miss Flatley by suggesting she had been weaving in and out.

Mr Masters suggested Ireland may have deluded himself at a time when he was "traumatised" but that "he does not attempt in any way to blame (Miss Flatley)."

Sentencing Ireland, Judge Lockhart told him: “I fully understand that no sentence of this court could fully reflect the loss of a child, a sibling, a friend or a family member; but my duty is to assess what your culpability was.

“She meant so much to so many people in so many different ways. A teaching assistant for special needs children, she was deeply loved by her family and deeply loved by her partner. This world is a far poorer place for her passing.

“She was driving correctly on the correct side of the road. It was a slow vehicle with a limit of 30mph, but it was legally on the highway. She did absolutely nothing wrong.

“Emma was plainly visible, and you should have seen her. There was a lapse of concentration which was far more than momentary.

“Sadly, and you must carry through the rest of your life, you sought to persuade others she had moved out. You were seeking to say she was at fault. It was nasty and it was unpleasant.”

But he observed that Ireland had remained at the scene and tried to call the emergency services, and added: “I take the view that, looking at all matters in the round, the appropriate way to deal with it is to reduce the sentence to four months and suspend it.”