A WOMAN found not guilty by reason of mental illness of murdering her 16-month-old daughter at Scone more than 16 years ago will not be detained and instead will continue psychiatric treatment in the community.
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The mother, who cannot be identified, appeared in Newcastle Supreme Court on Tuesday after she was acquitted following a five-week judge-alone trial in August of murdering her young daughter.
During his judgement in August, Justice Robert Allan Hulme provided an answer to a more than 16-year mystery, finding that the girl, who he said could be referred to as “Astra”, was indeed deceased.
Justice Hulme was also satisfied beyond reasonable doubt that the girl died as a result of a “deliberate act” at the hands of her mother.
However, both psychiatrists called during the trial agreed the mother was labouring under a mental illness, namely schizophrenia, around the time she killed the child and opined that that mental illness affected her ability to understand right and wrong.
Following his not guilty verdict, Justice Hulme ordered the forensic mental health network undertake a report to determine if the woman should be detained or if she can be cared for with a mental health treatment plan in the community.
That report, tendered in court on Tuesday, recommended the latter.
“I order that she be released from custody subject to a condition that she would comply with the orders of the Mental Health Review Tribunal,” Justice Hulme said.