It was an emotional morning in court as an Essex father received his sentence for the role he played in the death of his son.

David McLennan will spend nine months behind bars for dangerous driving causing death.

His lawyer plans to launch an appeal. 

“He'll be going down to the county and then we'll be asking for a release pending appeal,” says defence lawyer, Michael Gordner. “If the court exceeds to our request, then he'll be released."

But if the appeal is denied, McLennan will serve his nine-month sentence in reformatory.

McLennan's teenage daughter burst into tears after hearing the news. About 15 family members and friends were in the courtroom.

McLennan was driving his 1970 Mustang, with his 16 year-old son Dylan in the backseat on July 24, 2008 on Creek Road. 

The court heard that just before the accident, McLennan was showing off the car and had attempted to do a doughnut.

The judge also said that although McLennan was not convicted of impaired driving, the fact that he had some drinks before the crash did weigh in his decision.