A Mother Accused of Killing Her Two Sons
A mother accused of killing her two sons in their Blue Mountains home wrote a letter expressing deep remorse, stating she could not “leave my boys alone” and “(I) hope you can forgive me,” according to a judge who addressed the court. The incident occurred when the boys, aged 9 and 11, were found with stab wounds in their beds at their Faulconbridge home in September 2024.
The woman, whose identity remains confidential for legal reasons, was taken to hospital under police guard with self-inflicted injuries and later charged with two counts of murder (domestic violence). She has pleaded not guilty to murdering the two young boys on either September 9 or 10 in 2024. The Director of Public Prosecutions recently agreed to enter a special verdict of not guilty by reason of mental impairment.
During a hearing at the Supreme Court of NSW, Justice Richard Cavanagh revealed that the woman had written a letter expressing her inability to leave her boys alone and seeking forgiveness. The letter included phrases such as “I can’t leave my boys alone … without my support” and “hope you can forgive me.” Additionally, she had made internet searches about what she was going to do, according to the judge.
In order to proceed under mental health legislation, Justice Cavanagh must be satisfied that the woman did not understand her actions were wrong. However, he raised concerns during the hearing about whether this was established in the expert psychiatric reports submitted to the court.
“I don’t have a view at the moment, but I must be satisfied, and on my reading of a psychiatric report, I’m not sure the opinion is unanimous,” he said. He pointed to a part of the psychiatric material that stated, “She knew and knows at a moral and legal level that killing was wrong … but she had a mental health impairment.”
Justice Cavanagh emphasized that whether she was suffering from depression was not the issue, and a statement that she had a mental health impairment alone did not meet the legislative requirements. “This is not a case where the defendant decided without thought to do what she did because there’s all these internet searches she’s made as to what she was going to do,” he said.
The woman’s lawyer, Madeleine Avenell SC, argued that her client understood that it was wrong to kill her child but lacked the ability to exercise that knowledge. However, Justice Cavanagh pressed her to identify which part of the material supported this claim.
He also questioned what part of the mother’s letter led one of the expert psychiatrists to conclude she was unaware her actions were wrong. “I don’t understand where in the (letter) … that can be gleaned,” he said. He read from the letter: “I can’t leave my boys alone … without my support.” He added that the rest of the letter reflected her serious mental health condition and that it needed to be more than just a mental health impairment.
The mother’s letter also included the words “(I) hope you can forgive me,” according to excerpts read out by Justice Cavanagh. Ms. Avenell successfully sought an adjournment to ask the experts to elaborate on her client’s mental health condition and determine whether oral evidence should be called.
Lawyer Paul McGirr, part of the woman’s legal team, told reporters outside court that the judge had raised valid concerns about the expert material. “This is a very sensitive matter and it has to be done properly, particularly when dealing with extreme charges,” Mr. McGirr said. “Everything needs to be answered appropriately in order for it to be diverted under the mental health provision.”
The matter will return before the courts briefly on June 24 to make determinations on the evidence and hearing.
Support Resources
If you or someone you know is struggling, help is available:
- Lifeline: 13 11 14 or lifeline.org.au
- Beyond Blue: 1300 22 4636 or beyondblue.org.au
- Kids Helpline: 1800 55 1800 or kidshelpline.com.au
- Headspace: 1800 650 890 or headspace.org.au
- 13YARN: Speak to Aboriginal and Torres Strait Islander crisis supporter on 13 92 76 or visit 13yarn.org.au
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