The driver who was behind the wheel of a ute carrying a group of New Year’s Eve revellers –including one who fell off and died on a south coast beach – has been spared immediate prison.

Tynan Wells, 30, his wife and a group of friends were on a camping trip near Esperance in the last days of 2017, and had decided to take in the final sunset of the year on a beach near Howick.

The WA District Court was told that around 6pm, the group decided to travel down the beach to sit on a rock to take in the view.

Included in that group was 47 year-old Michael Thornton, who had been drinking most of the day, in the pub and on the sand.

After being dissuaded from driving his own car to the lookout spot, the court was told Mr Thornton insisted he sit on the back of Mr Well’s ute with two other friends.

On that quick trip down the beach, at around 60 km/h, he appeared to be “high on life”.

However, Mr Thornton’s life was soon to be cut short after he toppled off the back of the vehicle, sustaining massive head injuries.

Despite immediate emergency efforts, he died around two hours later.

Wells pleaded guilty on Friday to dangerous driving occasioning death, with his lawyer Ben Tyers saying that he accepted he was the “captain” of the vehicle – and so he was responsible for the tragedy.

But, the court was also told that Mr Thornton had been adamant he wanted to ride on the back of the ute, despite his high level of intoxication and a pre-existing hand disability which meant he would have been unable to hold on if something went wrong.

The court was told that Mr Thornton’s family, through his brother Paul, did not blame Wells for the death – instead saying they believed it had been a “tragic accident”.

Judge Belinda Lonsdale said she accepted Wells had not been deliberately driving recklessly, he had also made a “foolish decision” to drive at all with the people in the tray.

She also accepted the prosecution’s assertion that a suspended jail term could be an appropriate term.

Wells – whose wife has given birth to their first child this month - was jailed for 18 months, suspended for two years.

‘Captain’ spared jail over ute death