Mum's pain as teen driver avoids jail over crash that killed unborn baby
After four miscarriages, Haylee Loccisano fell pregnant with a little girl.
But her miracle baby Celeste was killed in a crash caused by a distracted teen driver.
Now, that teenager has become the first in Australia to be sentenced over the death of an unborn baby under a new law.
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Haylee and Connor Loccisano. Nine
"One of the hardest moments of my life was to hold my miracle baby finally and she was just not there," Loccisano told A Current Affair.
"I was unable to hold my baby because she had to go to a Coroner's report," Loccisano's husband Connor said.
"So I wasn't allowed to touch her. All I could do was look at her."
At 25 weeks pregnant, baby Celeste was taken from Loccisano because of a teenager's stupidity.
"I guess that saying 'life flashes before your eyes' is very true because a million and one things went through my head in that second that I realised these headlights were coming directly towards our car," she explained.
Loccisano was in the passenger seat and her mum Theresa Burn was driving.
Haylee Loccisano was 26 weeks pregnant when she was involved in a car crash that killed her baby. Nine
They were taking the same road home they do everyday south-west of Brisbane, when a car full of teenager's caused a head-on crash at 100km/h.
"A passenger who was intoxicated, who was I guess waving her phone in the driver's face trying to change music of some sort, which caused the driver to veer left and then to correct herself, and then veered right straight into our car," Loccisano recounted.
She was rushed to hospital and into emergency surgery.
"I thought I'd literally just woken up from a cesarean and I woke up a week later to be told that you've been on life support for a week, you've been in a coma, you nearly died, your stomach's still open, your daughter didn't survive and you've had six surgeries so far," Loccisano said.
Mrs Loccisano was left with serious injuries after the crash. Nine
All while the 17-year-old girl charged over the crash continued living her life freely, experiencing milestone moments like school graduation.
Legally we can't identify her, but she was facing a charge that's never been laid before that recognises the death of an unborn baby when killed in a criminal act.
The law was established following campaigning from Sarah and Peter Milosevic, whose daughter Sophie was killed at 39 weeks.
"A drunk driver high on methamphetamines hit our vehicle drag racing and at that moment Sophie died," Mrs Milosevic said.
Sarah Milosevic lost daughter Sophie at 39 weeks when she was hit by a drug and alcohol affected driver. Nine
The driver, Rodney Shaw, lost his licence for five months and was fined $950 over the crash.
He was never held accountable for the death of Sophie because back then, there was no law that identified unborn babies as a victim.
But there is now in NSW and Queensland, where it's named after Sophie.
"Sophie's Law means that at the point of sentencing, an aggravating factor can be added," Mrs Milosevic said.
"It gives the powers to the magistrates and the judges to give that additional time to a custodial sentence."
There was hope Loccisano and Connor might see the justice inside court that Mr and Mrs Milosevic never did.
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The law was established following campaigning from Sarah and Peter Milosevic, whose daughter Sophie was killed at 39 weeks. Nine
But the girl who killed Celeste, just weeks from turning 18, will never spend a night behind bars.
Instead, she was ordered to 100 hours of community service with her licence suspended for six months, with no conviction recorded.
Courthouse security even gave her special treatment allowing her out the back door so she wouldn't have to be seen.
"I just wish she had more justice," Loccisano cried as she left court.
"It just wasn't enough, it wasn't enough for her life to be taken."
"She killed my granddaughter and she's just walked away, she's just walked away," Loccisano's mum Theresa said.
Loccisano's mum Theresa was emotional as she addressed media outside court. Nine
"I thought more would come out of this."
Mr and Mrs Milosevic too were disappointed.
"That's not only a kick in the guts to myself, to Sarah, but to every other parent who has a child or who has lost a child," Mr Milosevic told A Current Affair.
Loccisano read her victim impact statement to the girl in court:
"I see a caesarean scar and no baby. I was leaking milk for two months and no baby," she said.
"I feel as the victim only I am the one who is living a lifelong sentence."
"Definitely, we won't give up."
Mrs Loccisano cried leaving court after the teen who caused the crash was spared jail time. Nine
The teen's barrister James Godbolt told media his client was "obviously very sorry".
"It's a terrible tragedy and nothing can make it right," Godbolt said.
Yet Loccisano has never received an apology.
"I just want her to understand how much this has affected my life and all I want from her is just to know that she's sorry and feels some sort of remorse," Loccisano said.
"It's been our goal to have a child for years.
"And, I mean, we have one, but she's just not earth side so we'd like to have an earth side baby one day.
The Attorney-General has confirmed she will review the sentence to consider an appeal.
FULL STATEMENT FROM QUEENSLAND ATTORNEY-GENERAL DEB FRECKLINGTON
I fully supported the introduction of Sophie's Law and met with Sophie's parents, Peter and Sarah, many times as they tirelessly campaigned following the tragic loss of their baby girl.
I heard from them firsthand, the impact that losing a child, because of someone else's actions, has on a family, and the layer of grief it can add.
My thoughts are with Haylee Loccisano and her family.
I have sought preliminary Crown Law advice and I am consulting with the Police Minister.
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