The reason Gabe received the one year in prison, was explained by the judge. He said that Gabe had been accused of things of which he had not been guilty, had suffered considerably since Tina's death, and had co-operated with the Court. He said the media reporting had been unfair. The judge said Gabe had come back to Australia of his own free will in May of 2009 and given himself up. The judge said Gabe loved his wife, deeply regretted her death and felt guilty because he had been unable to save her. He said that Gabe had not caused the accident, but had failed to save Tina when she ran into difficulty with her breathing while underwater.