Father of two-year-old boy killed in buggy rollover faces jail time

“It is trite to say that any parent involved in the death of their child would be grieved, suffering, or suffering from stress and anxiety, and the distinction, if there is one, does not justify that distinction in the sentence,” he said.

The court heard Browne’s admission of dangerous driving that resulted in death and reckless behavior that risked serious injury was ambiguous.

He had intentionally driven dangerously by doing burnouts or donuts, and had also intentionally overridden the buggy’s built-in safety features by sitting on a buckled seat belt and overriding a safety lock that limited the speed to 15 mph would have limited.

Lincoln had been sitting on Browne’s lap, and Browne’s sister was sitting in the passenger seat of the buggy, which should have only been allowed to carry two people.

Browne’s attorney, Jason Gullaci, said Browne admitted to police that he tried to scare his sister, that he was making donuts and confessed to disobeying seat belt rules.

“He has accepted full and direct responsibility for the devastating consequences of his very reckless behavior,” he said.

Browne pleaded guilty after a criminal complaint and has already done more than 100 hours of required community service in the five months since his conviction.

He and his wife, who remains his staunch supporter, learned they were expecting another child after prosecutors appealed, Mr Gullaci said.

The couple had stillborn twin daughters before Lincoln’s birth and one other surviving child.

“Given that he now knows his wife is pregnant and that there is a real risk that he could be imprisoned as a result of the[prosecutor’s]appeal, he has significant concerns,” Gullaci said.

The appeal will be decided by three judges.

AAP

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