R v MB (No. 2) [2014] NSWSC 1755

R v MB (No. 2) [2014] NSWSC 1755

On the limited evidence available, the court found that the accused intentionally murdered her infant child by drowning, and that the Crown excluded reasonable possibilities of accident or non-intentional conduct. The court found the accused’s mental disturbance (prodromal symptoms of schizophrenia) did not arise solely from not fully recovering from childbirth (infanticide not made out), nor was the impairment so substantial (given the accused’s fluctuating functioning and absence of acute psychosis at the material time) as to reduce liability to manslaughter (substantial impairment not made out).

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Criminal / Special Hearing Following Finding of Accused Being Unfit to Be Tried
Outcome
On the limited evidence available, the accused is found to have committed the offence charged, namely murder of OB.
Legal Topics
['murder' 'infanticide' 'substantial Impairment' 'mental Illness' 'evidence (lies/consciousness of Guilt)']
['criminal Law'] ['murder' 'infanticide' 'substantial Impairment' 'mental Illness' 'evidence (lies/consciousness of Guilt)']

Case Brief

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Procedural Posture

Criminal / Special Hearing Following Finding of Accused Being Unfit to Be Tried

Legal Issues

  1. 1 ['Whether on the limited evidence available the accused committed the offence of murder of her child' 'Whether the accused could avail herself of the partial defence of infanticide under s.22A Crimes Act 1900 (NSW)' 'Whether the accused could avail herself of the partial defence of substantial impairment under s.23A Crimes Act 1900 (NSW)' 'Whether the accused’s inconsistent accounts constituted deliberate lies evidencing consciousness of guilt']

Ratio Decidendi

On the limited evidence available, the court found that the accused intentionally murdered her infant child by drowning, and that the Crown excluded reasonable possibilities of accident or non-intentional conduct. The court found the accused’s mental disturbance (prodromal symptoms of schizophrenia) did not arise solely from not fully recovering from childbirth (infanticide not made out), nor was the impairment so substantial (given the accused’s fluctuating functioning and absence of acute psychosis at the material time) as to reduce liability to manslaughter (substantial impairment not made out).

Court Disposition

On the limited evidence available, the accused is found to have committed the offence charged, namely murder of OB.

Orders

  • ['On the limited evidence available, I find that the accused committed the offence charged, namely that on 18 November 2010, at North Strathfield in the State of NSW, she did murder OB.']