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

Supreme Court New South Wales

Medium Neutral Citation: R v MB (No. 2) [2014] NSWSC 1755 Hearing dates: 24, 25, 26, 27 and 28 November; 1, 2, 4 and 5 December 2014 Decision date: 11 December 2014 Before: Bellew J Decision: 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. Catchwords: CRIMINAL LAW - murder - special hearing where accused found unfit to be tried - accused alleged to have murdered 6 month old daughter by deliberately drowning her - where accused held a belief that her daughter had a genetic abnormality - evidence of accused expressing a desire to rid herself of her daughter - evidence of absence of affection by the accused towards her daughter - evidence of lack of bonding between the accused and her daughter - evidence of expressions by the accused of resentment regarding the birth of her daughter - evidence of accused having accessed internet articles regarding death of infants, drowning and sudden cardiac death - Crown case circumstantial - where defence of mental illness not available - elements of murder established

CRIMINAL LAW - murder - infanticide - where evidence that accused had a disturbed mind as a consequence of prodromal symptoms of schizophrenia at the time of the commission of the offence - whether that disturbed mind was by reason of the accused not having fully recovered from the effect of giving birth to her daughter - where the expert evidence was that the accused's disturbed state was referable to a number of factors - onus of proof - infanticide negated

CRIMINAL LAW - murder - partial defence of substantial impairment - where impairment made out - where impairment not so substantial as to warrant liability for murder being reduced to manslaughter