A woman accused of killing her 14-month-old son has been granted a judge-only trial, where her defense will argue she was mentally ill at the time.
Sara Jade McCullock appeared in court on Tuesday seeking approval for her case to be heard only before a judge rather than a jury under Section 27 of the WA criminal code.
She has been accused of causing the death of her son Jace on April 27, 2022 at their home in Mandurah, south of Perth.
Section 27 (1) of the Penal Code of 1913 is a defense of innocence due to reduced guilt.
Judge Amanda Forrester told the court that police responded to a report from neighbors of a disturbance at Ms McCullock’s home in the Mandurah suburb of Madora Bay.
Sara Jade McCullock appeared in court on Tuesday seeking approval for her case to be heard only before a judge rather than a jury under Section 27 of the WA criminal code.
Ms McCullock has been charged with causing the death of her son Jace on April 27, 2022 at their home in Mandurah, south of Perth.
The night before police were called to the home, the court was told Ms McCullock’s mother and sister were concerned about her well-being and that she had not taken medication for a mental illness.
They left her around 8 p.m., with young Jace asleep in his mother’s arms.
The next morning, neighbors allegedly heard loud bangs and screams coming from the house when they called the police.
When police arrived, loud music was playing and they saw Ms McCullock laughing and holding her bloodied young son, but she was not responding to them, the court heard.
Police tried to resuscitate the young man until paramedics arrived, but they were unable to save him.
Judge Forrester said McCullock told police someone had broken into his home and killed his son.
But after being admitted to the Frankland Centre, a psychiatric facility in Perth, she told staff she had killed her son because she believed he would “be tortured for all eternity”.
McCullock’s defense will argue that she lacked the capacity to understand what she was doing at the time.
The court heard Ms McCullock has paranoid schizophrenia and was allegedly suffering from delusions at the time.
State Attorney Michael Cvetkoski said that while the jury could still reach a conclusion in the case, it should only be heard by a judge. due to the complex nature of two psychiatric reports that have been submitted into evidence.
A report by psychiatrist Adam Brett found that Ms McCullock was deprived of the ability to control her actions and the knowledge not to carry out the act.
A separate report by psychiatrist Victoria Pascu found that Ms McCullock was deprived of the ability not to carry out the act, but had the ability to control her actions despite being significantly affected by her mental illness.
The night before police were called to the home, the court was told Ms McCullock’s mother and sister were concerned about her well-being and that she had not taken medication for a mental illness.
Judge Forrester approved the request for the trial to be heard solely by a judge, telling the court it would be quicker and less distressing for everyone involved.
Another factor was evidence of his past behavior that would discredit a jury, Judge Forrester said.
While he agreed to a judge-only trial, he said McCullock could have received a fair trial before a jury even though the boy’s injuries were distressing.
The trial date will be set at a status conference on May 2.
Ms McCullock was remanded in custody.