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Prosecutor pushes for jail time for dad whose son was killed in crash

Home> News

Published 16:02 24 Jan 2023 GMT

Prosecutor pushes for jail time for dad whose son was killed in crash

Christopher Browne was involved in a buggy crash on Christmas Day in 2020, killing his son

Dominic Smithers

Dominic Smithers

Prosecutors are demanding a dad be put in prison after his son died in a car crash.

Christopher Browne, from Barnawartha North, Australia, was sentenced to three years of community work after he admitted responsibility for the death of his two-year-old boy in a crash back in 2020.

The 33-year-old was driving his buggy on Christmas Day when he lost control of the vehicle while performing a donut.

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Sitting on his father's knee, Lincoln was not strapped in and was not wearing a helmet at the time.

The buggy flipped over and the toddler was killed after his neck was crushed by the force of the impact.

Brown pleaded guilty to charges of dangerous driving causing death and conduct endangering persons.

Christopher Browne with his wife and son, Lincoln.
Christopher Browne

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In August last year, he was sentenced to a three-year community corrections order and was ordered to carry out 250 hours of unpaid work.

However, prosecutors believe that he should have been put behind bars for his crime.

During a hearing at the Court of Appeal in Melbourne, Chief Crown Prosecutor Brendan Kissane said there was a 'serious degree of irresponsible behaviour' on display.

He said: "We're dealing with offending that was deliberate and offending that, we say, was both objectively serious and at the very least mid-range.

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"The fact that the offender was engaged with burnouts and the fact that it was an inherently dangerous piece of equipment that's well known for causing incidents of this nature.

"It brings us no joy to come to this court and say the sentencing that was imposed on the father was inadequate.

"This is a set of circumstances where your honour should have imposed a sentence of imprisonment."

Speaking on behalf of Browne, Jason Gullaci said the father was grief-stricken following the death of his son.

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Lincoln died in a buggy crash on Christmas Day 2020.
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He told the court he was suffering with his mental health as a result, having been diagnosed with post-traumatic stress disorder.

"Not only is [Browne] someone who has shown overwhelming remorse but also someone who from the first opportunity has taken direct responsibility," he said.

"There has been a real detrimental effect of this offending on his mental health. Imprisonment would then weigh more heavily on him and there is a risk of adverse effects on his mental health."

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Dismissing these claims, Mr Kissane said: "It's trite to say any parent who is involved in the death of their child would be grief-stricken, would be suffering, or would suffer from stress and anxiety, and the distinction, if there is one, is not such to warrant the distinction in sentence."

A decision on the prosecutor's appeal will be heard at a later date.

Featured Image Credit: 7NEWS Australia / YouTube

Topics: Australia, Crime

Dominic Smithers
Dominic Smithers

Dominic Smithers is the News/Agenda Desk Lead, covering the latest trends and breaking stories. After graduating from the University of Leeds with a degree in French and History, he went on to write for the Manchester Evening News, the Accrington Observer and the Macclesfield Express. So as you can imagine, he’s spent many a night wondering just how useful that second language has been. But c'est la vie.

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@SmithersDom

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