Thursday, April 7, 2022

Melissa Arbuckle; Melbourne; Humanity and respect for medical science stand out in a Australian courtroom where Melissa Arbuckle was permitted to plead guilty to infanticide - and avoid a jail sentence - even though she had killed her baby by laying her on railway tracks, as The Guardian (Victorian State Reporter Adeshola Ore) reports..."In Victoria, infanticide carries a maximum sentence of five years’ imprisonment and serves as an alternative to murder. At the time of the conduct, the accused’s balance of mind must be deemed disturbed by the effect of giving birth or a disorder consequent of her giving birth to the child. Victoria, Tasmania and New South Wales are the only jurisdictions in Australia that recognise it is a separate offence."...The facts of this case plainly reveal extenuating circumstances, and your character and sensible cooperation with treatment and supervision are already in evidence,” Dixon said. “The fact that the severity of your postpartum depression was overlooked is an unfortunate feature that this case has in common with certain other cases of infanticide.” Dixon noted Arbuckle’s “bright prospects” for rehabilitation were not challenged by the prosecution. The court heard Arbuckle’s’s postpartum depression, suicidal ideations and psychosis had subsided after medication and psychiatric community-based treatment. Dixon told the court Arbuckle’s psychologist believed imprisonment would have a “significant and detrimental” impact on her mental health. Dixon said that when considering an appropriate sentence, she had taken into account the victim impact statements of Lily’s father, her great-aunt and the train driver who activated the emergency brakes and shut his eyes before impact. The driver said the incident had changed his life, with police sirens and baby noises now triggering severe distress. The court heard this week that Arbuckle, who was on bail awaiting sentencing, had a “significantly disturbed mind” at the time of the incident."


PASSAGE OF THE DAY: "Her defence barrister, Megan Tittensor SC, said the new mother – who had a perfectionist personality – mistakenly believed Lily was suffering from shaken baby syndrome and that it was inevitable she would die. The court heard she had a “fixated delusional belief” she had harmed her child and they were both broken."

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PASSAGE TWO OF THE DAY: "Clinical psychologist and the chief executive of Perinatal Anxiety & Depression Australia (PANDA), Julie Borninkhof, said there was no “simplified link” between depression and postnatal psychosis. “It’s a trajectory that is a very unique one and impacted by many things,” Borninkhof said. She said people’s experiences of postnatal psychosis can be impacted by a specific trigger. “Often a worrying thought or experience or exposure to something leads to a hyper-vigilance which is where the individual’s fixation or deluded thoughts or behaviour stems from.” According to PANDA, 15% to 22% of mothers experience some form of anxiety or depression during the perinatal period – during pregnancy and up to one year into their child’s life. About 10% of fathers experience the same conditions. Between 0.1% and 0.2% of mothers experience postnatal psychosis, according to a 2017 study in BMC Psychiatry. Symptoms include sudden and dramatic changes in a person’s thinking, behaviour, mood and sleep patterns, and normally emerge in the first four weeks after birth."

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STORY: "Melbourne woman avoids jail for killing baby by laying her on railway tracks," by Victorian State Reporter Adeshola Ore, published by The Guardian, on April 7, 2022.

SUB-HEADING: "Melissa Arbuckle pleaded guilty to infanticide  over daughter's death  and was released on adjourned undertaking for three years."

PHOTO CAPTION: "Melissa Arbuckle was later diagnosed with postpartum depression and psychosis after killing her three-month-old baby in Upwey in Melbourne."


A Melbourne mother who was suffering severe postpartum depression when she killed her three-month-old daughter by placing her in front of a train has been spared jail.

Melissa Arbuckle, 32, pleaded guilty to one count of infanticide over her daughter Lily’s death at a train station in Upwey, in Melbourne’s east, on 11 July last year.


Arbuckle had laid beside her daughter on the tracks but survived the accident with fractures and internal bleeding.


She was later diagnosed with postpartum depression and psychosis, including auditory hallucinations. Lily’s father, who has requested not to be named, told the court he loved his daughter more than life itself and had struggled to find light in his life since the incident.


Justice Jane Dixon told the Victorian supreme court she believed it was “extremely unlikely” Arbuckle would re-offend and released her on an adjourned undertaking for three years. This allows her to live unsupervised in the community, but will require future appearances before court to ensure she is compliant.


“The facts of this case plainly reveal extenuating circumstances, and your character and sensible cooperation with treatment and supervision are already in evidence,” Dixon said.

“The fact that the severity of your postpartum depression was overlooked is an unfortunate feature that this case has in common with certain other cases of infanticide.”

Dixon noted Arbuckle’s “bright prospects” for rehabilitation were not challenged by the prosecution.


The court heard Arbuckle’s’s postpartum depression, suicidal ideations and psychosis had subsided after medication and psychiatric community-based treatment. Dixon told the court Arbuckle’s psychologist believed imprisonment would have a “significant and detrimental” impact on her mental health.


Dixon said that when considering an appropriate sentence, she had taken into account the victim impact statements of Lily’s father, her great-aunt and the train driver who activated the emergency brakes and shut his eyes before impact. The driver said the incident had changed his life, with police sirens and baby noises now triggering severe distress.


The court heard this week that Arbuckle, who was on bail awaiting sentencing, had a “significantly disturbed mind” at the time of the incident.


Her defence barrister, Megan Tittensor SC, said the new mother – who had a perfectionist personality – mistakenly believed Lily was suffering from shaken baby syndrome and that it was inevitable she would die. The court heard she had a “fixated delusional belief” she had harmed her child and they were both broken.


Arbuckle, a well respected vet, took her daughter for a walk in a pram before she began searching for train speeds and timetables on her mobile. Just after 5pm she was seen holding her daughter and using her arm to wave at the passing train.


Minutes later, she placed Lily on the train tracks on the Belgrave line and laid down beside her. Lily died after being airlifted to hospital.


Tittensor said Arbuckle did not plan on having another child and suffers immense remorse for the loss of her daughter.


Clinical psychologist and the chief executive of Perinatal Anxiety & Depression Australia (PANDA), Julie Borninkhof, said there was no “simplified link” between depression and postnatal psychosis.


“It’s a trajectory that is a very unique one and impacted by many things,” Borninkhof said.

She said people’s experiences of postnatal psychosis can be impacted by a specific trigger.

“Often a worrying thought or experience or exposure to something leads to a hyper-vigilance which is where the individual’s fixation or deluded thoughts or behaviour stems from.”


According to PANDA, 15% to 22% of mothers experience some form of anxiety or depression during the perinatal period – during pregnancy and up to one year into their child’s life. About 10% of fathers experience the same conditions.


Between 0.1% and 0.2% of mothers experience postnatal psychosis, according to a 2017 study in BMC Psychiatry. Symptoms include sudden and dramatic changes in a person’s thinking, behaviour, mood and sleep patterns, and normally emerge in the first four weeks after birth.


In Victoria, infanticide carries a maximum sentence of five years’ imprisonment and serves as an alternative to murder. At the time of the conduct, the accused’s balance of mind must be deemed disturbed by the effect of giving birth or a disorder consequent of her giving birth to the child.


Victoria, Tasmania and New South Wales are the only jurisdictions in Australia that recognise it is a separate offence.

The entire story can be read at:

https://www.theguardian.com/australia-news/2022/apr/07/melbourne-woman-avoids-jail-for-killing-baby-by-laying-her-on-railway-tracks


PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;