By Kath Gannaway
UPDATE: 30 October 2015
RICKY Stephens has been sentenced to three years and nine months in prison following the death of his daughter, Sophie, two years ago in Yarra Glen.
Mr Stephens received a sentence of three years and three months on one charge of dangerous driving causing death.
He was also convicted of a second charge of reckless conduct endangering life for which he received an 18 month sentence; 6 months of this will be served cumulatively with charge one.
He has also had his driving licence cancelled for two years.
County Court Judge Richard Maidment handed down the sentence at 3.15pm this afternoon.
Speaking on behalf of Sophie’s family, her grandfather Geoff Exton said the family was not looking at the sentence to give them any assistance in their grief.
“We only ever wanted Sophie back,” he said.
Mr Exton did say however that “it was pleasing to see a court send a clear message that if you do drive in a deliberately dangerous manner and injure of kill someone, you will get an immediate term of imprisonment.”
Earlier.
THE enduring pain of two Yarra Glen families permeated the County Court today, Monday, 26 October, as 40-year-old Ricky Stephens pleaded guilty to causing the death of his young daughter, Sophie, two years ago.
Victim impact statements by Sophie’s mother, Tanya Exton, step-father, Danny McKinnon, and her grandmother, Jennifer Exton, spoke of the unbearable loss and impact on all their lives.
Members and friends of both the Stephens and Exton families were in court.
Sophie, nine at the time, died when she was thrown from a 4WD all-terrain buggy driven by her father which rolled and crushed her in circumstances the court heard were reckless and culpable.
The court heard that Sophie was not wearing a seat belt when the buggy crashed on Mr Stephen’s Gibbs Road property in Yarra Glen on 6 September, 2013.
Mr Stephen’s stepson, Cameron, then 11, was also on the buggy, but was wearing a seatbelt and received only minor injuries. Mr Stephens was not injured.
Appearing before Judge Richard Maidment, Mr Stephens pleaded guilty to dangerous driving causing death in relation to Sophie, and to a second charge of reckless conduct endangering life in relation to Cameron.
Calling for a custodial sentence for what he said were crimes at the extremely serious end of the scale, prosecutor, Andrew Tinney SC said Mr Stephen’s culpability was key to delivering an appropriate sentence.
Defence lawyer, George Georgiou SC, called instead for a Community Corrections Order.
The court heard that Mr Stephens had picked up the buggy earlier in the day and that he and the children were excited and eager to try it out.
Quoting from evidence given in a previous hearing, Mr Tinney said Mr Stephens had been advised when he took delivery of the vehicle that he should read the manual and watch the safety DVD, but that he did not.
With the children on board, he drove up Gibbs Road for a short distance, kicking up gravel before driving into the farm paddock.
On a second run over a mound of dirt, attempting to do a burn-out, he lost control of the buggy which rolled.
Sophie who was sitting between Cameron’s legs was thrown through the open roll cage and trapped under the buggy.
Attempts to revive her failed.
The court heard that Stephens was distraught with police arriving on the scene hearing him calling repeatedly “What have I done” and later “It’s all my fault”.
In a police interview when questioned about seatbelts and helmets, he said he was usually very vigilant but had let his guard down in his eagerness to try out the new buggy.
Police investigations showed the buggy had just 4.1 kilometers on the odometer and that safety stickers were in place.
It was estimated the vehicle was travelling at 34 kilometres an hour when it rolled.
Ms Exton and Stephens were married for a brief time in 2006.
In her victim impact statement Ms Exton said Sophie was her world and her best friend who adored her little brother and sister.
“My life will never be the same,” she said.
“Part of me died that night there with Sophie and my kids lost part of me too.”
She said she hoped the legal system would not fail Sophie.
Jennifer Exton said Sophie was not old enough to make decisions about her own safety.
“I wish I could change places so she could live the life she deserves,” she said.
Mr Georgiou said it was clear that what was to be an occasion of great joy and excitement had for two families at least had turned into an occasion of great tragedy.
“Mr Stephens has accepted full responsibility for his actions.
“He too has lost a child and will carry with him for the rest of his life the knowledge that he is responsible for the death of his daughter,” he said.
He cited his client’s guilty pleas, good character, remorse and burden of guilt among mitigating factors to be considered in sentencing.
Mr Stephens will be sentenced at the County Court on Friday.
