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AN Adelaide woman who killed her four-year-old son and tried to murder his older brother because she did not want to "leave them behind" has been found not guilty by way of mental incompetence.
In the South Australian Supreme Court today, Justice Margaret Nyland said the woman, 49, was not mentally competent when she murdered the young boy and attempted to murder his nine-year-old brother in August 2009. The woman and her surviving son were both found unconscious and in a serious condition in their suburban Kensington Gardens home. The dead boy was found in a bedroom of the house. "Neither of these acts were committed with any animosity towards these children. (The defendant's) intention was to kill herself and she didn't want to leave them behind," Justice Nyland said. The judge said she was satisfied the objective elements of the crime of murder and attempted murder were established. "I am satisfied ... at the time of (the defendant's) committing each of the alleged offences that she was mentally incompetent," she said. "As a result of that finding I must find she was not guilty of either crime." Justice Nyland said she intended to impose a limiting term of life sentence. A limiting term is a period under psychiatric detention equivalent to what a healthy person would receive for the same offence. The woman is currently on home detention bail and has supervised access to her surviving child. She is next due in court for a sentencing directions hearing on September 23. |
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