An Auckland father discharged without conviction over the death of his three-year-old son has revealed his wife his pregnant.



Ashish Macwan, 32, was charged with careless driving causing death after his son Aarush died when the van he was a passenger in rolled into a Central Otago lake.

Macwan was not fined and kept his driver's licence following today's sentencing at Manukau District Court.



He revealed after the court appearance that his wife, Kinnery, is pregnant.



"The one part which me and my wife are quite happy about is she's pregnant again. I think ninth or 10th week, and we are really looking forward to that.



"For us it's like a miracle and we didn't plan for it, so this one for us was more like a sign from a God... basically that's one more reason for living," he told RadioLive.



Judge Charles Blackie said Macwan had suffered enough and he praised him for accepting responsibility from the outset.



Macwan was emotional throughout the sentencing, crying during the judge's address. Kinnery held a handkerchief to her mouth to muffle her sobs.



When the judge said he was free to go, he went straight to his wife and hugged her.



The accident happened at Easter when Macwan was holidaying with Kinnery, son Aarush, and family friends.



The group stopped at Lake Dunstan near Cromwell for a break because Kinnery was feeling car sick. Macwan got out and walked a little distance away to have a cigarette.



He had forgotten to put the handbrake on in a moment's inattention. He was used to driving automatic vehicles and the rental van was manual and the handbrake was in an unusual place.



Macwan turned around when he heard cries from the van, and saw the vehicle rolling backwards into the lake. He tried in vain to stop it, but couldn't.



As it rolled, it struck a rock causing the side door to open, and the others were able to escape through that door. However, his son was restrained in his car seat.



A group of people, including Central Otago Mayor Tony Lepper, tried to swim down to the van but it was too deep.



Police charged Macwan the same day.



Lepper was one of many who questioned the decision to charge Macwan, saying the death of his son was punishment enough.



The couple have said they would like to stay in New Zealand because their son is buried here, although they do not have residency and their visas expire later this year.



The couple are seeking permanent residency in New Zealand.



Judge Blackie said a conviction would have adverse immigration, employment and psychological consequences.



Police did not oppose the application for discharge without conviction.



The judge said it wasn't appropriate to impose a financial penalty as he was sure they'd already suffered financially as a result of the crash.



Macwan hopes to become a social worker.



The couple's lawyer read a statement to media outside the court as they stood together.



They thanked victim support, police, Cromwell Mayor Tony Lepper and the media for their "kindness and support" .