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ABC News
ABC News
Health
court reporter Claire Campbell

South Australian mother who tried to kill her autistic son during depressive episode released into community

The court heard the woman is now managing her mental health with medication and therapy. (ABC News: Eugene Boisvert)

A South Australian single mother who was "having great difficulty in coping" when she tried to kill herself and her son has been released into the community on licence.

The woman – who cannot be identified – was found not guilty of attempted murder by reason of mental incompetence earlier this year.

The 48-year-old was suffering a major depressive disorder and episode when she gave her then 11-year-old son an overdose of prescription tablets in August 2018.

Both the woman and her son were found "barely responsive" in their house the next morning and taken to hospital.

A psychiatrist found the woman was driven by despair and a sense of hopelessness when she tried to give an overdose to her son – who has Autism Spectrum Disorder, Asperger's syndrome and ADHD.

Justice Kevin Nicholson set a limiting term of seven years, after taking into account the time the woman had spent in custody and on bail in home detention.

A limiting term is equivalent to a sentence of imprisonment that would have been imposed if the woman was found guilty of the offence.

Justice Nicholson released the woman into the community on licence with conditions she be under the supervision of the Department of Correctional Services, be under the care of the Clinical Director of the South Australian Forensic Mental Health Service, and seek permission to leave the state.

"[The woman] has brought up [her son] as a single mother with assistance from her parents since 2008," Justice Nicholson said.

"It was not long before [her son] was diagnosed with the serious behavioural conditions earlier referred to.

The court previously heard her son was confused and upset by the offending but relieved his mother was not being imprisoned because he loved her "very much".

The boy – who is now aged 14 – was removed from the woman's care and is now living in residential care, as his disability means he is unable to live with his grandparents.

The mother and son have regular supervised visits and the court heard contact would be increased.

The court heard the woman is now managing her mental health well with medication and supportive therapy.

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