After losing her unborn baby in a crash caused by a drug-affected driver, Jacqueline Sparks has implored politicians to pass a law that would've recognised her daughter Mia as a person.
Ms Sparks was just weeks away from giving birth to her first child in September 30 last year when Marco Paulo Silvestri smashed head-on into a car Ms Sparks was in at Dapto in NSW's Illawarra region, south of Sydney.
The crash ruptured Ms Sparks' uterus, killed her baby girl Mia and left the 27-year-old unable to bear children.
Silvestri, who was affected by methamphetamine or "ice" at the time of the crash, was sentenced on Wednesday to at least six years in prison for three counts of driving causing grievous bodily harm.
Speaking outside Sutherland District Court, Ms Sparks said she supported the controversial bill, dubbed Zoe's law, which would have meant her unborn child was recognised in court.
Under proposed changes before NSW parliament, someone could be charged with harming a fetus that is either 20 weeks or 400 grams by allowing it to be treated as a living person.
"Hopefully if this law gets passed it might help another family if this ever happens to them. To at least see their child recognised," she said.
In a victim impact statement previously read to court, Ms Sparks described Mia as "my angel, my ultimate life blessing, the first of many we had hoped."
In sentencing Silvestri, Judge Paul Conlon recognised the loss of Mia had been "truly devastating".
"One only has to look at the photograph of Ms Sparks in the hospital bed looking down at her perfectly formed, although dead, baby daughter in her arms," he said.
Zoe's law was introduced by then-Liberal MP Chris Spence last year and is named in honour of the unborn child of Brodie Donegan who was hit by a drug-affected driver on Christmas Day in 2009.
Mr Spence, who has since become embroiled in the state's donations scandal and is quitting parliament at the March election, hoped Judge Conlon's comments sparked action.
His private member's bill has stalled in the upper house and will lapse if it isn't brought on by the end of November.
"I think this is now an issue for the government to look at," he told AAP.
"Hopefully they may reconsider making this a government bill and putting it through."
Comment has been sought from Premier Mike Baird.
Judge Conlon rejected Silvestri's claims he had a "brain fart" and was confused about the road's lane configuration.
But he noted the 42-year-old was remorseful and had good prospects for rehabilitation and sentenced him to a maximum of eight years.
"Former Premier Barry O'Farrell declared Zoe's Law (2) a conscience vote," Mr Spence said in a statement later on Wednesday.
"I am continually perplexed by this decision given this bill never was and never has been about abortion.
"The only path forward for natural justice for the loss of the unborn lives of Zoe and Mia is for Premier Baird to intervene and right this wrong, before it tragically happens again."
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