The suffering and loss a north-east Victorian father brought upon himself when a buggy crash killed his two-year-old son was a punishment more than any court could impose, a judge has said.
Christopher Browne, 33, was behind the wheel of a buggy, known as a side-by-side or utility vehicle, when he lost control and it overturned while performing a doughnut on Christmas Day in 2020.
His two-year-old son Lincoln was on his knee at the time with no restraints or helmet and was flung from the vehicle which landed on top of him.
Lincoln's neck was crushed and he died at the scene.
Browne pleaded guilty to charges dangerous driving causing death and conduct endangering persons.
During sentencing at the County Court of Victoria, Judge Michael Cahill said the buggy was fitted with roll bars and seat belts and had other safety features that were overridden during the incident.
"If the seat belt was not locked in, a red light would flash and the speed would be limited to 25 kilometres an hour," he said.
"You got into the driver seat and the seat belt was already clicked in. You sat on top of it which overrode the seatbelt interlock."
Judge Cahill said witnesses estimated the speed of the vehicle to be between 40 and 50 kilometres an hour at the time it crashed.
Browne said he had done about 20 hours of driving in the buggy previously and admitted to becoming complacent with safety.
Browne's sister, who was in the passenger seat at the time, was wearing a seatbelt and suffered bruising to her shoulder.
Profound grief
Browne was supported by his wife in court who wept when the details of the incident were being told.
He has since been diagnosed with post traumatic stress disorder, anxiety and depression and regularly seeks professional support.
Judge Cahill said Browne would likely need psychological therapy for years to come.
"You told [your psychologist] you blame yourself completely for what happened," Judge Cahill said.
"[Your psychologist] said you've expressed profound guilt and sadness and the only thing keeping you going is the responsibility to look after your wife and youngest child."
Prosecutors accepted that a jail time would further deteriorate Browne's mental health.
Judge Cahill said Browne was devastated and deeply remorseful for the incident and had built a playground at his home in memory of his son.
"The suffering and loss you have brought upon yourself involves a punishment more than any court could impose," he said.
Browne was sentenced to a three-year community correction order.
He must also serve 250 hours of unpaid community work and will have all licences he holds suspended for 18 months.
Editor's Note 13/08/2022: This article has been amended to remove references to quad bikes.
