A father charged with causing his son’s death in a tragic driveway incident wiped away tears as he was discharged without conviction.

This afternoon, the man, who has been granted permanent name suppression, appeared for sentence in the Hutt Valley District Court after earlier admitting a charge of careless driving causing death.

The family, from the Wellington region, earlier told the Herald they were devastated by the police decision to lay charges, as they were already serving a life sentence.

In January last year, the father arrived home from work in his van and drove up to a skip bin to empty the day’s rubbish from the van.

His son, 5, ran up from the house and helped put the rubbish in the skip, then climbed onto the bumper of the van, holding onto the rear window wiper for support. His father drove back toward the house and pulled into a laneway in preparation for reversing into his parking space.

This was where his son would normally jump off, but as the father began reversing he thought he heard his son calling out. He immediately got out to check and saw his son underneath the vehicle.

He jumped back into the van and pulled forward to free the boy, but it was sadly too late. He had suffered severe head injuries and was pronounced dead at the scene.

In court, defence lawyer Shane Robinson said the case was a tragic accident that his client would carry with him for the rest of his life.

“He’s been punished for his mistake already.”

Crown prosecutor Wilber Tupua opposed a discharge without conviction, submitting the gravity of the offending was serious.

But he did not oppose the granting of permanent name suppression.

Judge Barbara Morris told the court the boy’s death had caused “insurmountable grief” for all.

She said the man would revisit the event often – consequences the judge said should not be underestimated for him or his wife.

In granting his application for a discharge without conviction, the judge wished him well.

“I hope that you and your family can get on with your life in the knowledge that your young son would be proud of you and everything you have achieved for the benefit of your family.”

The man’s partner earlier told the Herald that the police decision to lay a charge meant the family could not properly work through their loss and the feelings arising from it.

“It was just devastating. It’s already a life sentence,” she said.

“I think when you’re going through a grief that is so unbearable, your mind is not actually able to comprehend anything but ‘we’ve just lost our little boy’ … it’s only as time has gone on and you sort of become a little bit more clear that you realise how unfair it is.

“There’s people out there doing things on purpose to their children.”

Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media advisor at the Ministry of Justice.