THIS WEEK: TOWN AND COUNTRY Killing an Unborn Baby is Manslaughter
IN THE CBD
Among more than 700 speeches in the Legislative Council, I remember a number of notable ones. One concerned the passing of Byron’s Law in 2005. This allows police and courts to include a charge and sentence up to a maximum of 25 years for those guilty of killing unborn children through their physical violence to the babies’ mothers. At the time we were seeking to bring a charge of manslaughter against a person who deliberately stomped upon the womb that held an unborn child with the intention of killing it. The law declared the unborn child was a human being and therefore murder or manslaughter charges could be laid. It was a great step forward, as unborn babies were not counted as human until the time of independent breathing. There were two omissions in that and an event on the Central Coast this week brought it to light.
ON THE CENTRAL COAST
On Christmas Day, a local mother Brodie Donegan, from Orimbah, who was 8 months pregnant, went for a walk and was run down by a 40 year old woman driver under the influence of drugs. According to existing NSW law, unborn baby Zoe was not a human being because, despite spending eight months in her mother’s womb, the baby did not take a breath, neither did the driver intend to harm the child. So Bryon’s law was not enforceable.
Still to be heard in court, the culpable driver’s charges are limited to driving under the influence of drugs and dangerous driving causing grievous bodily harm. In baby Zoe’s case, police and insurance company’s records suggest no recording of the death of baby Zoe. The hospital seems to have ignored treatment for unborn baby Zoe in favour of treating her mother Brodie.
The Attorney General and Minister of Police, both extremely good politicians in a rather lackluster bunch, will soon bring in a new law to be discussed. Potentially called Zoe’s Law, the change will ensure Zoe’s life is not only recognised and remembered, but introduces justice that any unborn baby’s death even by accident will attract charges of manslaughter at least, and possibly murder, subject to circumstances.
This would be a good outcome. It would also remove what is now known to be a faulty test – an unborn baby is capable of breathing.
Rev The Hon Dr Gordon Moyes, A.C., M.L.C.