Teen that killed Diane Miller jailed for five years

A teenager sentenced to five years in juvenile detention for killing a pregnant mother from Perth could be released within two years, sparking emotional scenes in court.

Diane Miller’s family cried out in anger and grief when the 17-year-old boy, who cannot be named for legal reasons, was sentenced Friday after pleading guilty to unlawfully killing her.

The 30-year-old Noongar woman died in hospital along with her unborn child just days after being hit on the head by a rock while sitting in the passenger seat on November 29 last year.

She was five months pregnant at the time.

The confrontational incident in a suburban mall was captured on CCTV footage shown in court this week.

Prosecutor Clare Cullen told the court that the teen was “lurking” behind a wall before throwing the 4-pound stone at the car as it drove away from the stoush’s scene.

She also said that he had known Mrs. Miller, her infant son and three young women in the car and that he had thrown the concrete block anyway, increasing his guilt for the crime.

“The concrete went through the window and hit Mrs. Miller in the head,” she said.

“It was cowardly.”

The teen, who was initially charged with murder before agreeing to plead guilty to the lesser charge of manslaughter, fled before turning himself in to police several hours later.

His lawyer Kate Turtley-Chappel told the court that the boy was “emotionally agitated and fearful for his and others’ safety” when he threw the rock.

“(The defendant) threw the stone without thinking and in the end it ended in the loss of life,” she said.

“He says quite candidly that he wasn’t thinking in terms of the outcome.”

Ms Turtley-Chappel said the teenager was extremely remorseful and had accepted being sentenced to prison.

“This is a young person saying, ‘I want to be here (and) I’ve done wrong and I have to serve my time,'” she said.

“(He) immediately showed remorse when he learned that this lady had been injured. He fell to the ground and he cried.

“He called the police, took part in an hour-long interview… He never applied for bail.”

Ms Miller’s family broke down at Perth Children’s Court on Friday as Judge Hylton Quail read out the facts of the ‘tragic’ incident.

“You were impulsive… You didn’t give a second thought to whether it was a bad idea,” he told the teen.

“You persisted in your plan to use the stone.”

Judge Quail said the boy’s traumatic life and brain damage contributed to his decision to throw the lump of concrete.

He also accepted that the teen was genuinely remorseful and cooperated with the police.

However, he said that Ms. Miller was an innocent and innocent victim of a cowardly act.

“The most important thing was that she had a baby and was 20 weeks pregnant,” Judge Quail said.

“You took her life and robbed baby Lloyd of its mother and you robbed Mrs. Miller’s unborn child of life.

“You’ll have to live with the consequences for the rest of your life.”

The boy was sentenced to five years in prison at Banksia Hill Juvenile Detention Center

He must serve a minimum of 26 months before applying for supervised release.

After the verdict was handed down, Ms. Miller’s family erupted in anger as they were escorted out of the courtroom by security officers.

Ms Miller’s brother, Malcolm Clifton, said outside court that he was outraged by the verdict and that the teenager should also have been punished for the death of his sister’s unborn child.

“There’s justice for you, what a load of bulls*** … I’m sick and tired of the justice system,” said Mr. Clifton.

“He knew what he was doing when he picked up the stone. Everyone knows what they’re doing when they pick up a gun. They intend to use the damn thing.’