‘This injustice’: Qld laws to recognise unborn children killed in criminal acts

A Sunshine Coast woman has spoken for the first time about the tragedy of losing her unborn son when a crane driver slammed head-on into her car. Now she’s joined the push for laws that recognise unborn children killed in criminal acts.

Unborn babies who die as a result of a crime would be better recognised under potential laws that could also send offenders to jail for longer, following desperate pleas from grieving families.

The Queensland government is seriously considering recognising the death of an unborn child in indictments and introducing an aggravating factor in sentencing, following extensive consultation.

It is understood Attorney-General Shannon Fentiman is supportive of such reform.

But parents Sarah and Peter Milosevic – who lost their unborn daughter Sophie just days before she was due to be born when an alcohol and drug-affected driver ploughed into their car – have been pleading for change for years so that another family doesn’t have to suffer “this injustice”.

In what they would like to be called Sophie’s Law, the Lockyer Valley couple want a circumstance of aggravation to be added to dangerous driving when an unborn baby is killed, regardless of the term.

Their push has been joined by Sunshine Coast woman Harlee Henderson who in March last year lost her unborn son Nathan when the driver of a 24-tonne crane lost control and slammed head-on into her car.

Speaking for the first time since the accident, Ms Henderson said it was incredibly hard learning her son, who was 25 weeks and four days old, wasn’t acknowledged by the law.

An ultrasound of unborn baby Nathan.

Harlee Henderson. Picture Lachie Millard

“I think the moment you can hold your child, whether they’re breathing or not, that should be considered a child,” she said.

“That is a big insult saying he was just an injury of my body because he was his own person who never got to live.”

Neither driver involved in the two accidents went to jail – instead they were given fines and varying license suspensions.

Ms Fentiman said the government had consulted with families, including the Milosevics, and the legal profession.

“The Palaszczuk government is considering changes to legislation to strengthen Queensland’s criminal laws and better recognise, and respond to, the death of an unborn child as a result of criminal acts,” she said.

“These proposals include the recognition of an unborn child in indictments and the introduction of an aggravating factor in sentencing.

“The loss of an unborn child as a result of crime is absolutely tragic and heartbreaking for the family.”

NSW last year passed Zoe’s Law so that an offender, whose criminal act causes the death of an unborn child, could be sent to jail for longer.

Currently in Queensland, drivers such as the ones in the cases of the Milosevic family and Ms Henderson cannot be specifically charged with causing the death of an unborn child.

Ms Henderson, who had tried to fall pregnant with her partner Sam for nine months before the crash, spent almost a month in hospital.

The wreckage of Ms Henderson’s car. Picture: Queensland Police Service

“My bottom half from my belly button down was crushed in and I had an exposed femur on one leg and my other leg was broken so it took them quite a while to get me out,” she said.

“It was horrible, especially because I was unconscious when he died so when I did come to, it was a day or so later and I still had my breathing tube in.”

Ms Milosevic and her husband were driving with their 19-month-old daughter Jorja and 10-year-old son Nicholas when the drunk and drug-affected driver ploughed into them south of Brisbane in 2014.

The tragedy also left Ms Milosevic with a broken back and life-threatening internal injuries, while Mr Milosevic suffered a broken neck and hasn’t been able to work since.

The couple has since welcomed Olivia, who was born in 2016, but Ms Milosevic said after suffering a uterine rupture, she was born premature and was extremely lucky to have had her.

The family had hoped the laws would be in place by what would have been Sophie’s eighth birthday on August 30.

“I need to know I’ve done this for her and her name and that another family doesn’t have to go through this injustice,” Ms Milosevic said.

“It’s about someone being held accountable.”

Following the tragic deaths of Matt Field, Kate Leadbetter and their unborn child Miles who were killed by a drunk and high driver last year, an “irate” Mr Milosevic phoned the government.

“Everybody keeps telling us that it’s a technical law and it’s complex, but it’s actually not, it’s simple – if someone causes the death of an unborn child, they should be charged with it,” Ms Milosevic said.

Peter and Sarah Milosevic. Picture: David Martinelli

The family celebrates Sophie’s birthday each year with a cake – this year it will be adorned with butterflies and roses.

“She’s not here to actually blow out those candles so her siblings do it for her,” she said.

“You’ve got to still hold on to things and do things that help you get through.”

LNP Member for Lockyer Jim McDonald, who has been rallying behind the Milosevics for years, said there should be consequences for dangerous driving.

“If this would have been done when Sarah first made the proposal, then there would have been consequences for the subsequent deaths of Miles and others,” he said.

“How much longer do the families have to wait?

“Let’s just make the law right.”

Shine Lawyers acting legal practice manager Carla Melbourne, who is representing Ms Henderson in an insurance claim relating to the crash, said the emotional wounds of losing an unborn child in such horrific circumstances had a lasting impact.

“We stand with Harlee and hope that laws applied in other states can be brought to Queensland to acknowledge the loss of a baby following a motor vehicle accident,” she said.

Leading Queensland criminal lawyer Bill Potts said the proposed change could help acknowledge the “real harm” dangerous drivers caused, and bring some comfort to grieving families.

“I think it’s one of those things that could be referred to the Law Reform Commission to see if there is a way of drafting the law to properly reflect that,” he said.

Originally published as ‘This injustice’: Qld laws to recognise unborn children killed in criminal acts