Vic killer buggy dad to appeal jail term

A father jailed for almost four years after his off-road hooning killed his daughter has won the right to appeal his sentence on the grounds it was manifestly excessive.

Ricky Stephens pleaded guilty to dangerous driving causing death and reckless conduct endangering life in the Victorian County Court last year.

He was sentenced to three years and nine months jail but on Friday the Court of Appeal granted Stephens leave to appeal his jail term.

His daughter, Sophie Rose Stephens, was nine when Stephens bought a brand-new all-terrain vehicle and got behind the wheel without watching the safety DVD, or reading the manual.

Stephens had no experience driving a buggy and did not put a seatbelt or helmet on Sophie when he got behind the wheel in early September 2013.

He was coming off a mound in the paddock behind his Yarra Glen property when he accelerated in an attempt to do a burn-out.

As the buggy began to tip, Sophie was thrown from its open roll-cage on to the grass.

The vehicle continued to roll until it came to rest partially on Sophie. She died at the scene.

The son of Stephens' partner was also injured.

At Stephens' sentencing, Judge Richard Maidment said the accident was not a matter of bad luck.

When Stephens bought the vehicle, he told the seller he was going to "tear up the paddocks", the court heard.

The vehicle came with numerous warnings, including a notice on the dashboard which warned of the danger of death if the vehicle was not handled safely.

"This is a case where ... the death of your daughter was brought about by your actions," Judge Maidment said.

Stephens sought to appeal his jail term on the grounds that Judge Maidment had erred by finding Stephens' moral culpability was "very high" and therefore the total sentence was manifestly excessive.