A Victorian father who killed his two-year-old son in a quad bike accident because he was making donuts with the child on his lap has cried after learning he is likely to avoid jail.
WARNING: This story contains details that may distress some readers.
Key Points:
- Christopher Browne is likely to be sentenced to a community order over the fatal crash
- The court heard Browne was “overwhelmed” by post-traumatic stress
- Prosecutors initially asked for prison but agreed a community-based order was appropriate
Christopher Browne was behind the wheel when he lost control of the buggy during the dangerous maneuver and it overturned, throwing his son Lincoln from the vehicle at his home in Barnawartha North, near the New South Wales border, on of Christmas 2020.
Lincoln was sitting on his father’s knee and was just being held in place. No one was wearing a helmet.
Browne escaped the crash with minor injuries, as did his sister, who was in the passenger seat.
He appeared in Victoria County Court on Thursday and pleaded guilty to dangerous driving causing death and conduct endangering persons.
Judge Michael Cahill said he accepted Browne was “deeply remorseful”.
“In all the circumstances of this case, I have considered that a community corrections order is the appropriate sentence for Mr Browne,” the judge said.
“Living with the loss of your child is more punishment than any court could impose.”
Browne, who appeared via videolink from Wodonga, wiped away tears as the judge spoke.
The court heard the father was trying to “frighten” the sister before the accident
On December 25, 2020, Browne opened presents and ate lunch with family members at his home in Barnawartha North.
Just before lunchtime, Browne took out his Polaris buggy to give his guests rides.
He got into the driver’s seat and sat on top of the seat belt, which was already on, while his sister got into the passenger side and settled in.
Court documents reveal that Browne placed Lincoln, who wanted to go for a walk, on his left knee and held him in place.
He then went out into a paddock and did several donuts before heading back up the road, where he reached speeds of up to 70 kilometers per hour.
He turned the buggy around and headed back to the paddock for another donut when he lost control of the vehicle and it spun, throwing the little boy.
The court heard that the buggy was estimated to be traveling at 45 kilometers per hour at the time.
The act was witnessed by Michael Hart, the partner of Browne’s sister.
“Lincoln fell … and went right under him. The stroller landed right on top of him,” he later told investigators.
The two-year-old boy died at the scene.
The court heard that Browne has been overwhelmed by post-traumatic stress following the death of her son. (Facebook)
Browne later told investigators he was trying to “scare” his sister.
“I tried to show my sister my new car… My brother-in-law, her partner, said not to try too hard to scare her because he wanted to get one, and being the my sister made me feel like I wanted it,” he said.
He told police he had a medium beer at lunch and a pre-mixed drink before and during lunch, but tests revealed he had no alcohol in his system after the crash.
“Mr Brown has been overwhelmed by his post-traumatic stress,” Judge Cahill said.
“Sometimes the only thing that keeps him going is his sense of responsibility to take care of his wife and young son.”
None of Browne’s relatives gave victim impact statements in court and he was supported by his wife during the hearing.
Prosecutor Erin Ramsay initially asked for jail but eventually agreed a community-based order was an appropriate sentence.
“There should be a very significant amount of unpaid community work linked to this order, given that the order is actually being done in place of what would otherwise be prison,” he said.
Browne’s bail was extended ahead of his sentencing next week.
It will be evaluated by a community-based order.