The 28-year-old, who cannot be named to protect her children’s identities, is facing trial in Wagga after admitting to drowning her five-year-old son and trying to drown her eight-year-old son. 

However, she pleaded not guilty to the charges of murder and attempted drowning with intent to murder, and is defending the case on the grounds of mental illness. 

Read more:

After the drowning, the woman told police “I only tried to keep my kids safe”, claiming she had to kill them to protect them from her ex-partner, whom her lawyer said she had “delusional” fears about despite not having contacted him for a year

“I know what I did last night,” she said to police.

“I did it to give my boys a better life. I didn’t want them to go through the pain I did.” 

On Wednesday, Justice Richard Button said the question of whether the mental illness defence would be successful came down to whether she had an appreciation of the moral wrongfulness of her actions.

“It was believed, to some sense, that the boys were to be given an easy death, but one would know that being drowned is surely not, so even that sad aspect of the matter has its own irrationality to it,” Justice Button said.

“Sorry to speak harshly to it, everyone, but it’s not as if the boys were given sleeping pills and drifted off to sleep – quite the contrary of it. Being drowned would be a terrible way to die.” 

Justice Button questioned whether a particular show of remorse after the drowning undermined the mother’s defence of mental illness.

In a witness statement, the owner of a Moama water resort described the mother stumbling onto his property, soaking wet and crying.

“I drowned my babies, then I tried to drown myself, but I couldn’t,” the witness reported her to have said.

“I just want a bullet. I wish I was dead.” 

However, defence counsel Eric Wilson argued that final comment was in fact indicative of her original plan to suicide rather than remorse.

“The suggestion was suicide was more part of the plan to escape the deluded threat, it wasn’t thought of as some kind of act of remorse,” Justice Button summarised. 

“It was always the plan – to kill the boys and kill herself.”

Justice Button adjourned the trial on Wednesday afternoon to consider his verdict, which he intends to deliver on Thursday morning. 

The trial continues. 

Have you signed up to the Bendigo Advertiser's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in central Victoria.