Man who killed son in fiery crash appeals sentence
A man who was jailed after causing a highspeed crash that killed his 6-year-old son has asked the Court of Appeal to reduce his sentence, claiming there is no evidence he intended to cause the crash.
Niklas Gebhardt was sentenced to five years’ imprisonment in August 2022 after he had earlier pleaded guilty to manslaughter.
The conviction relates to a car crash on November 5, 2019, after Gebhardt had collected his son, Lachlan, from a pool complex in Rangiora. He drove north on to Lehmans Rd with Lachlan in the back seat. He drove well in excess of the 80kph speed limit. He was still driving at high speed when he approached a right-hand corner at the end of Lehmans Rd.
Gebhardt did not attempt to swerve or brake and left the road at 130kph, going straight ahead and then up a stopbank that acted like a ramp. After being airborne for 24m, the car hit a tree at a point 7m from the ground and burst into flames. Lachlan died at the scene.
Gebhardt suffered burns to 30% of his body, a broken femur, facial injuries and a traumatic brain injury.
In a hearing before the Court of Appeal yesterday, Gebhardt’s lawyer Genevive Vear argued that the starting point adopted by Justice Jan-Marie Doogue during Gebhardt’s sentencing in the High Court had been excessive.
She said this was because Justice Doogue had regarded the crash as deliberate, without sufficient evidence to prove it had been – among some other arguments.
Vear said Lachlan’s death was a “devastating loss” for Gebhardt, that was exacerbated by the fact that his brain injury resulted in him being unable to recall the events of the crash and understand why it had occurred.
Gebhardt’s lawyers further argued that disqualifying him from driving for seven years after his release from prison was excessive, and his reintegration into society should be prioritised rather than imposing restrictions that would leave him isolated.
Andrea Ewing, for the Crown, said in absence of evidence that supported any other explanation, the only plausible conclusion was that Gebhardt left the road at high speed deliberately. He was very familiar with that stretch of road.
The Court of Appeal reserved its decision.