‘Miracle’ unborn baby killed in horror crash recognised under new laws

A teenage driver who was looking at her passenger’s phone when she crashed into a pregnant woman’s car, killing her unborn child, is the first to be sentenced under new Sophie’s Law legislation.

A teenage driver who was looking at her passenger’s phone when she crashed into another car, killing an unborn child, has been sentenced to perform 100 hours of community service.

The Scenic Rim teen was the first person to be sentenced under new Sophie’s Law legislation which allows courts to recognise the death of an unborn child as the result of criminal conduct.

Haylee Loccisano was 26 weeks pregnant with her “miracle baby” Celeste when the teen slammed into her car in May – her unborn child died hours later.

Unborn baby Celeste was killed in a car crash at Ipswich. Picture: Facebook

She was in the Ipswich Children’s Court on Tuesday to see the 17-year-old driver plead guilty to a charge of driving without due care and attention causing grievous bodily harm to a pregnant person, destroying the life of an unborn child.

The matter is the first time Sophie’s Law could be considered in court proceedings after a decade long campaign by Sarah and Peter Milosevic.

The court heard the 17-year-old had turned to look at the front passenger’s phone, for a “minute” when she crossed over double lines and smashed into Ms Loccisano’s vehicle which was being driven by her mother Teresa Burn.

Police prosecutor Amy Anderson said the driver and her passenger were changing music as they approached a 70km/h corner.

Haylee Loccisano in hospital after the crash. Picture: Facebook

Ms Loccisano was on her way home from work with her mother, travelling at about 100km/h when they were hit.

Her unborn little girl Celeste died hours after the collision.

Ms Loccisano told the court the crash had “completely changed her life”.

“Being told I couldn’t have children by two specialists after experiencing four miscarriages, I was then blessed with my rainbow baby Celeste, who was wrongfully taken away from me by the hands of a reckless driver,” she said.

“I remember every little detail about the crash, I remember the fear that filled my body as I poured out with blood.

“Every day when I look in the mirror I am reminded of the trauma I have experienced … I have a C-section scar but no baby … I was leaking milk for months with no baby.”

Defence Barrister James Godbolt tendered a letter of apology, a psychological report and a letter from the 17-year-old’s father.

“What is also clear in my submission is that this is not a case of any deliberate action on my client’s part, this is not a case of someone who has set out to cause harm or hurt in any manner,” he said.

“She is in my submission clearly a community-minded person that is reflected by her plans in the near future.”

Mr Godbolt said the defendant’s remorse was “both genuine and profound”.

“Her intention regardless of what happens today is to complete a defensive driving course,” he said.

Haylee Loccisano with husband Connor in Ipswich on Tuesday to see the sentencing of the 17-year-old driver who caused the crash that killed her unborn baby. Picture: Lachie Millard

Mr Godbolt acknowledged the consequences were “catastrophic” but said “the offending itself must be seen in light of the statement of facts and the conditions of an inexperienced driver faced on that particular evening”.

However Ms Anderson argued that probation offered a “period of supervision where if she stops seeking support or does not attend the defensive driving course that youth justice might be able to get her back on track”.

“The prosecution submits that probation is the most appropriate sentence but your honour in circumstances where community service may be imposed prosecution would seek the maximum period (200 hours),” she said.

Magistrate Sue Ganasan said she was “of the view that a period of community service is appropriate”, sentencing the teen to perform 100 hours of community service within 12 months with no conviction recorded.

The teenager was also disqualified from holding or obtaining a licence for six months.

Speaking outside court, Ms Loccisano said: “I just wish that (Celeste) had more justice, it just wasn’t enough”.

Ms Milosevic said she felt like “10 years of fighting meant nothing”.

“The reality is that she killed Celeste and she damaged Haylee and her family ... and that will live with them forever because it still lives with us,” she said

Ms Milosevic said she had already reached out to the Attorney-General as she called for “minimum custodial sentencing”.

“A life is a life,” she said. “The government knows I won’t go away because I didn’t go away the first time.”

Ms Burn said she felt “disheartened”.

“She killed my granddaughter and nearly killed my daughter and she’s just walked away,” she said.

Attorney-General Deb Frecklington said she “fully supported” Sophie’s Law.

“I heard from (Sarah and Peter Milosevic) first-hand, the impact that losing a child, because of someone else’s actions, has on a family, and the layer of grief it can add,” she said

“My thoughts are with Haylee Loccisano and her family.

Peter and Sarah Milosevic.

“While this is a matter for Police Prosecution Corps, I will be considering all aspects of today’s sentencing and obtaining further advice.”

Mr Godbolt declined to comment outside court but said: “It’s a terrible tragedy and nothing can make it right.”

While Sarah Milosevic slammed the sentence as a “free ride”.

“I think it’s a free ride,” she said.

“I don’t think she will learn anything from that.

“As far as I’m concerned she got away with it.”