The immediate backdrop is Australia’s long-standing system for determining criminal responsibility where accused persons with severe mental illness can be found not guilty by reason of mental impairment and detained for treatment rather than punished; those findings are reviewed and detention locations and conditions are decided by the New South Wales Mental Health Review Tribunal, a specialist body sitting under the state’s forensic mental health framework.
That framework rests on common‑law principles that date to the M’Naghten rules (1843), which established that criminal culpability depends on an accused’s capacity to understand or control conduct at the time of an offence.
The NSW Supreme Court has ruled that the woman who stabbed her two sons to death in the Blue Mountains is not criminally responsible for their deaths, and ordered her detention to be determined by the Mental Health Review Tribunal (per abc.net.au).
The court’s finding rests on the legal standard for criminal responsibility and places the next decision — where she will be held — with the tribunal (per abc.net.au). The available reporting names the victims only as the woman’s two sons and does not publish their names or further identifying details in the excerpt provided (per abc.net.au).
The Mental Health Review Tribunal will decide the appropriate location for detention, a process that typically involves medical assessments and regular review, although the abc.net.au excerpt does not list the tribunal’s timetable or the medical evidence the court relied on (per abc.net.au).
The reporting does not include statements from the woman, family members, prosecution counsel, or defence counsel in the excerpt provided, so the public record in this source is limited to the court’s formal outcome and the referral to the tribunal (per abc.net.au).
Readers should note that the excerpt does not provide details on the legal reasoning, the psychiatric evidence presented to the court, or any scheduled dates for the tribunal’s decision, all of which will determine how long she remains detained and under what conditions (per abc.net.au).
Left- and right-leaning outlets are covering this story differently — in which facts to emphasize, which context to include, and how to frame causes and consequences.