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Reckless driver jailed for causing unborn baby's death
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17 August 2007
In a rare case, Stephen Tschuchno was sentenced to eight years for causing death by dangerous driving.
The 28-year-old raced along a country lane, swerved across the road and crashed into a tree, causing internal injuries to a rear seat passenger.
Abigail Collins, who was 33 weeks pregnant, suffered a ruptured placenta and her son had to be delivered by emergency caesarean section.
Baby Kieran, however, had suffered multiple injuries in the crash, including a broken neck, and died a few hours later.
Under the law, a driver can be held responsible for the death of an infant - causing death by dangerous driving - if the baby is delivered alive, but subsequently dies.
But a driver cannot be charged if the child is delivered dead.
York Crown Court heard how Tschuchno, who worked as a pizza delivery driver, had picked up 15-year-old Miss Collins, her boyfriend Simon Eggleshaw, 23, her sister Paige, 14, and their friend Rachael Burns, 15, in a Peugeot 306 in June last year.
They went for a drive in the car on the narrow, winding roads near their home in Otley, West Yorkshire.
But as Tschuschno began to race down the lanes, the young friends begged him to slow down. Deliberately careering around a sweeping bend on the wrong side of the road, he found himself in the path on an oncoming car.
He swerved to avoid it, but lost control of the car and hit a tree at high speed.
All the passengers suffered injuries in the crash and were taken to hospital.
Sentencing Tschuschno, who had a previous conviction for speeding, Judge Paul Hoffman said: "Your reckless attitude to the road and callous indifference to your obligation of care to your passengers and other road users has resulted in the death of a child, who at that time was still in the womb.
"You knew this road well. You knew it called for extreme care.
"You knew the dangers. But you deliberately ignored the warnings of others to slow down, and there was an element of showing off."
The court heard Tschuschno had passed his driving test only six months before the crash.
Richard Gioserano, defending, said: "He accepts he must have been speeding and shows great remorse for his actions."
Tschuchno, who had denied the charge at an earlier trial, was also banned from driving for eight years.
Speaking after the sentencing, Miss Collins's mother Fiona Collins, 41, said: "It's not enough. He will be out in four years and able to carry on with his life - yet he's ruined ours."
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