NSW Supreme Court finds woman not criminally responsible for killing two children

The NSW Supreme Court has found a woman accused of killing her two children in September 2024 is not criminally responsible for their deaths.

The incident occurred in the Blue Mountains where two young boys, aged nine and 11, were stabbed to death by their mother.

The children were later found in their home by their father, who then called Triple Zero.

Justice Richard Cavanagh told the court the accused had entered pleas of not guilty to charges of murder on the basis of mental health impairment.

"Having received the further evidence and having considered all of the other evidence relied upon by the parties, I am satisfied that a special verdict of act proven but not criminally responsible should be entered," he said.

"The expert psychiatric evidence is overwhelmingly to the effect that the accused did not know that her actions in killing her children were wrong, even though she knew the nature and quality of the acts that she was undertaking," he said.

"The determination of whether a person did not know that the act was wrong is a matter for the court, but the court must rely on expert psychiatric opinion in forming that view."

Psychiatric conclusions considered

Justice Cavanagh read aloud the details of expert evidence from three psychiatric doctors who interviewed the accused several times individually via audio-visual link (AVL), and concluded there was a "degree of similarity, if not unanimity, in their evidence".

"They considered that at the time of the acts the accused was suffering from such a severe case of major depression that her thought processes were psychotic," he said.

"They also considered that the accused was nihilistic in her thinking and wasn't able to reason other than her children would be better off dead in such a bad world."

Throughout the judgement proceeding, the accused sat slumped in her chair via AVL and did not raise her head once, but at times, was seen wiping her eyes and blowing her nose.

She will now be detained at a location determined by the Mental Health Review Tribunal.

"The tribunal will review and supervise the accused, as well as ensure that she is provided with appropriate care and treatment," Justice Cavanagh said.

"The accused may not be released until the tribunal is satisfied that the safety of the accused or any member of the public will not be seriously endangered by the accused's release."

Justice Cavanagh acknowledged the case as particularly tragic.