A father of two has been spared jail over the death of his two-year-old son, who was killed when he rolled an all-terrain buggy during Christmas Day celebrations in the state’s north.
Christopher Browne, 33, was taking his sister for a joyride at a property in Barnawartha North when he ignored safety warnings and placed son Lincoln unrestrained on his knee.
Christopher Browne was doing doughnuts on his buggy when it rolled, killing his two-year-old son, Lincoln, on Christmas Day 2020.Credit:
Performing doughnuts in a paddock, as family gathered for a festive brunch, Browne reached speeds of up to 50km/h before losing control and rolling.
Lincoln was crushed under the vehicle and died at the scene.
On Thursday at the County Court of Victoria, Browne and his wife wiped away tears as Judge Michael Cahill spared the father jail over the death of his young son.
Cahill said Browne had suffered enormously over his involvement in his son’s death. Psychological reports showed he’d likely require treatment for some time.
The incident happened at a rural property in Barnawartha North.Credit:Nine News
“The suffering and loss you have brought upon yourself involves a punishment more than any court could impose,” Cahill said.
“You have said to your counsellor more than once that the only thing keeping you going is a sense of responsibility to look after your wife and younger child.”
The court, sitting at Wodonga, heard Browne had purchased the two-seater off-road Polaris buggy, with roll cage and seat belts, in June 2020. At the time, a salesperson had explained the safety features, including a recommendation that helmets be worn.
While there was no law mandating the wearing of helmets at that time, inside the buggy were stickers warning of the risk of death from a rollover and signs advising riders not to exceed the two-person seating capacity.
The court heard that Browne placed Lincoln on his knee and drove the buggy with one hand.Credit:
The court heard that on December 25, 2020, Browne climbed onto the buggy and sat on top of the seatbelt, which had already been clipped in, in breach of safety warnings, before advising his sister to put hers on.
He then placed Lincoln on his knee and drove the buggy with one hand.
Browne performed several burnouts and drove back up the driveway, before returning to the paddock to do another when the buggy overturned, fatally crushing Lincoln.
The father of two was arrested at the scene and taken to Wodonga police station, where he admitted becoming complacent with the safety warnings after about 20 hours of driving experience in the buggy.
Browne was originally charged with the more serious offence of culpable driving before pleading guilty to dangerous driving causing death and conduct endangering another person, which carry maximum sentences of 10 and five years in prison.
“Such complacency had brought devastating consequences on you,” Cahill said.
The court heard Browne – who operates a home building business – was heavily involved in his local community, including sporting clubs, with those closest to him calling him hardworking and caring.
Cahill also revealed that Browne and his wife had previously lost twin girls who were stillborn.
He said psychological reports showed Browne was deeply remorseful and diagnosed with post-traumatic stress disorder.
His father-in-law said Browne would carry the demons of the accident for life.
Cahill convicted and sentenced Browne to a three-year community correction order with 250 hours of unpaid community work.
Browne’s licences and permits held under the Road Safety Act were cancelled and he was disqualified from driving for 18 months.
“You built a playground next to your house in memory of your son. In my view you are likely to never reoffend,” Cahill said.
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