A man who drove his car into the path of a freight train killing his son and injuring two of his daughters and a niece was jailed for three years today.
Alan Stephens, 40, was sentenced in the High Court at Auckland after earlier being found guilty of manslaughter and three charges of dangerous driving causing injury.
During the trial, the jury was told that Stephens drove his car around barrier arms at a rail crossing at Paerata near Pukekohe in January last year and into the path of the train, which hit the back of the car.
His son, Trae Blayde, suffered fatal injuries and daughters Shannyne, six, and Holly, two, and niece Nakita, 12, were injured.
Crown prosecutor Kevin Glubb said Stephens' driving on the day was appallingly bad and called for a sentence of imprisonment with a starting point of between 4-1/2 and 5-1/2 years.
"We are left with a situation which was utterly tragic, which was utterly preventable but occurred because he decided to race the train."
Stephens' lawyer Quentin Duff said his client was both the perpetrator and victim in this case and called for a merciful judgment of home detention.
"Even after this case is over the Stephens (family) will still be left to deal with the consequences of that terrible day."
Mr Duff said to sentence him to prison would also serve to further punish his wife and children.
But Judge Denis Clifford said he had no choice but to impose a prison term because of the deliberate risk he took by driving on a railway crossing with four young children in the car.
"I do accept that you will suffer of the rest of your life for the death of your son but my judgment however, requires a sentence of imprisonment," he said.
His family wept as the sentence was read out and Stephens waved and said "I love you" to them as he was led away.
- NZPA
Alan Stephens. Photo / Paul Estcourt
