Horror way mum found with dead baby

A woman accused of killing her 14-month old son has been granted a judge only trial, where her defence will argue she was of unsound mind at the time.

Sara Jade McCullock appeared in court on Tuesday seeking approval to have her case heard in front of a judge only rather than a jury under Section 27 of WA’s 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 Criminal Code 1913 is a defence of not guilty by reason of reduced culpability.

Justice Amanda Forrester told the court that police responded to a report from neighbours about a disturbance at Ms McCullock’s home in the Mandurah suburb of Madora Bay.

The court was told the night before police were called to the home, Ms McCullock’s mother and sister were concerned about her wellbeing and that she had not taken medication for a mental illness.

They left her about 8pm, with young Jace asleep in his mother’s arms.

The next morning it’s alleged neighbours had heard loud banging and yelling coming from the home when they called police.

When police arrived loud music was playing and they saw Ms McCullock laughing and holding her young son who was bloodied, but she was not responding to them, the court heard.

Police attempted to revive the young boy until paramedics arrived but he could not be saved.

Justice Forrester said Ms McCullock told police that someone had come into her home and killed her son.

But after being admitted to the Frankland Centre, a psychiatric facility in Perth, she told staff there she had killed her son because she believed he was going “to be tortured for all eternity”.

Ms McCullock’s defence will allege she did not have capacity to understand what she was doing at the time.

The court heard that Ms McCullock has paranoid schizophrenia and was allegedly suffering from delusions at the time.

State prosecutor Michael Cvetkoski said while a jury could still come to a finding in the case, it should be heard by a judge only because of the complex nature of two psychiatric reports that have been submitted as evidence.

One report from psychiatrist Adam Brett found that Ms McCullock was deprived of capacity to control her actions and knowledge not to do the act.

A separate report from psychiatrist Victoria Pascu found that Ms McCullock was deprived of the capacity not to do the act, but had capacity to control her actions even though she was significantly impaired by her mental illness.

Justice Forrester approved the application for the trial to be heard by a judge only, telling the court it would be quicker and less distressing for everyone involved.

Another factor was evidence of her previous behaviour that would be discrediting to a jury, Justice Forrester said.

While she agreed to a judge only trial, she said Ms McCullock could have received a fair trial before a jury even though the child’s injuries were distressing.

A trial date will be made at a status conference on May 2.

Ms McCullock was remanded in custody.