By KATH GANNAWAY
A YARRA GLEN father will spend at least two years and three months in prison following the death of his nine-year-old daughter two years ago in a buggy crash on his Gibbs Road property.
Sophie Stephens, 9, died on 6 September, 2013, in what Judge Richard Maidment described as a tragedy for everyone involved.
He sentenced Mr Stephens at the County Court in Melbourne on Friday (30 October), to three years and three months on one charge of dangerous driving causing death and 18 months on a second charge of reckless conduct endangering life, in relation to his stepson, Cameron.
He will be eligible for parole after two years and three months.
The enduring pain of two Yarra Glen families permeated the County Court on Monday, 26 October, when Stephens, 40, pleaded guilty to both charges, and again on Friday when the court was filled with family and friends of Stephens and his former wife, Sophie’s mother, Tanya Exton.
Victim impact statements read on Monday by Ms Exton, Sophie’s stepfather, Danny McKinnon, and her grandmother, Jennifer Exton, spoke of the unbearable loss and impact on all their lives.
Sophie 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 seatbelt when the buggy crashed.
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.
The court had 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.
Prosecutor, Andrew Tinney SC 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, trapping Sophie. 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.
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.”
Judge Maidment, on Friday, said while it was obvious that there was no intent on Mr Stephens’ part to injure anyone, much less cause the death of his daughter, it was not just ‘bad luck’.
Much of his summing up focused on the safety warnings he was given when buying the buggy, both by the dealer, and on stickers on the machine itself.
“Warnings on the buggy warned of the possibility of death or serious injury, particularly in the event of a roll-over,” he said.
He said one warning specifically warned against doing ‘donuts’ and others against exceeding seating capacity.
Speaking on behalf of the Exton 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 said, 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 or kill someone, you will get an immediate term of imprisonment.”
