Barnawartha father Chris Browne to be sentenced over death of son

Christopher Browne had been using a Polaris all-terrain vehicle at his Moss Road property about 11.50am on December 25, 2020.

The then 31-year-old had been driving with his two-year-old son, Lincoln, perched on his left knee, and held onto him.

Browne's sister was also in the buggy, and seatbelts and helmets were not used.

Browne hit speeds up to an estimated 70km/h, and was performing a doughnut at a speed of about 40km/h and 55km/h when the machine rolled.

Investigations showed the tyres had dug into grass and the machine's roll cage landed directly on the young boy's neck, killing him at the scene despite CPR efforts.

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"I remember seeing my son go under and watching it crush onto his neck," Browne told police.

The two adults in the vehicle weren't hurt.

Browne said he had drunk a mid-strength beer and a Wild Turkey can and tested positive to alcohol at the scene, but was negative during a test at the Wodonga Police Station.

Judge Michael Cahill on Thursday noted the impact of Browne's offending, which was witnessed by family members.

"I accept that Mr Browne is profoundly remorseful for his conduct," he said.

"I have formed a view in all the circumstances of this case that a community corrections order is the appropriate sentence for Mr Browne.

"Living with the loss of his child is punishment more than any court could impose."

Lawyer Tom Danos said his client had severe PTSD, and at times the only thing that kept him going was his responsibility to his wife and their other child.

The court heard the offending, which led to Browne pleading guilty to dangerous driving causing death and conduct endangering persons, was aggravated by the fact he had overridden the machine's seatbelt safety mechanism.

He will be assessed for a corrections order and be sentenced in the County Court next Thursday.

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