R v XK [2026] NSWSC 1129

R v XK [2026] NSWSC 1129 concerned a joint application under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). XK had killed her two children and attempted suicide. Although she understood the nature and quality of her actions, the key issue was whether severe mental illness prevented her from reasoning with moderate sense and composure about their wrongfulness. After independently scrutinising substantially unanimous psychiatric evidence, Cavanagh J found the mental health impairment defence established. The Court entered special verdicts that the acts were proven but XK was not criminally responsible, ordered her continuing detention, and referred her to the Mental Health Review Tribunal.