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Posted: 2024-10-03 00:30:23

A Gippsland man has been sentenced to five years in jail after the buggy he was driving flipped and killed a six-year-old girl in 2021. 

Damien Gibson, 36, was sentenced in the Melbourne County Court today after pleading guilty to culpable driving causing death.

Three years ago, on September 11, 2021, Gibson took his five children, their friend Olivia Stevens, 6, and another boy for a joy ride at his farm in Rosedale.

All seven children were unrestrained and not wearing helmets.

The vehicle was designed to seat just four people and was set to two-wheel drive mode when it hit a rut in the ground and rolled.

Olivia, a student at Gippsland Grammar Primary School, was crushed under the buggy's roll bars and died while being flown to the Royal Children's Hospital.

A girl in a green school uniform.

Olivia, 6, died after the farm buggy that Damien Gibson was driving flipped. (Supplied)

Families were close friends

The Gibson and Stevens families were close friends and had been enjoying a barbecue lunch and a swim together before the crash.

Olivia's father Scott Stevens was collecting firewood at the time of the crash and her mum, Heyfield dentist Yana Stevens, had driven 20 minutes away, to Sale, to collect her son from a birthday party.

Last month, Ms Stevens told the court during her victim impact statement that her daughter's injuries were catastrophic and her death had destroyed their family.

Man with brown hair and brown eyes in blue collared shirt

Damien Gibson has been sentenced to jail for culpable driving causing the death of Olivia Stevens, 6. (Supplied)

'Tragic consequences'

In sentencing, Justice Richard Maidment recognised the devastation the crash had caused for both families, particularly the Stevens.

"The consequences of your negligence are tragic for many closely concerned with the events of that day," Justice Maidment said.

"No more so than [for] the family of the deceased for whom, as the victim impact statement so eloquently [spoke], the death of their beloved daughter, sister and granddaughter has been and will continue to be utterly devastating."

woman face outside court

Yana Stevens outside Melbourne's County Court after the sentence was handed down. (AAP: Joel Carrett)

Justice Maidment told the court that Gibson had developed PTSD, major depression, adjustment disorder and anxiety since the crash but had "excellent prospects of rehabilitation".

In sentencing, he made note of Gibson's early guilty plea, saying that it saved the Stevens family stress of a trial and showed a high degree of remorse on Gibson's part.

Gibson will be eligible for parole in December 2026, given the 238 days he has already served in custody.

He has also been disqualified from driving for the next two years.

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