On Christmas Day 2009, Brodie Donegan went out for a short walk to stretch her legs. She was 32 weeks pregnant with a much longed for second child. Just 20 metres from her driveway, Brodie was hit by a car allegedly driven by a motorist high on drugs. The impact shattered Brodie’s pelvis, lower spine, hip and right foot. Her child, named Zoe, was stillborn. The motorist has been charged with driving under the influence of drugs and dangerous driving causing grievous bodily harm to Brodie Donegan, but could not be charged for the death of unborn baby Zoe under current NSW legislation. This case generated widespread community pressure to change the law.
Hannah Robert was 34 weeks pregnant when a four-wheel drive smashed head-on into her vehicle after being clipped by another car driven by Amrick Sing Thind. Reading her victim statement to the County Court during Thind's plea hearing, Ms Robert told the Court how her life was shattered in "one stupid moment". She now cherishes 36 photos of the baby girl who was stillborn. "She had dark curly hair and skin softer than rose petals," Hannah told the Court.
Kylie Flick’s unborn child died as a result of the father of her baby, Phillip King, punching and stamping on Kylie’s abdomen numerous times. Renee Shields tragically lost her unborn child, Byron, in a road-rage incident. Both these cases also generated significant community concern about whether the justice system was able to respond appropriately to criminal incidents involving the death of an unborn child.
The law in Victoria concerning the death of unborn children is modelled on the NSW legislation. The only charges that could be brought in Victoria against a person for killing an unborn child, as a result of a criminal act, are intentionally or recklessly causing serious injury to the woman. We believe that the current Victorian legislation does not adequately reflect community standards and note that almost 40 per cent of all offenders sentenced by Victorian judges in 2009 for recklessly causing serious injury avoided any jail time. We also believe that the current legislation does not give due recognition to the pain and trauma experienced by women like Renee Shields and Kylie Flick, who lose their babies following senseless and brutal attacks, or women like Hannah Robert and Brodie Donegan whose unborn children are killed by a motorist driving a vehicle culpably.