A West Australian mother accused of attempting to murder her severely disabled daughter because she allegedly believed it was in the child's "best interests to pass away peacefully" will remain behind bars after her bail application was refused.
The 40-year-old woman, who cannot be identified for legal reasons, was charged earlier this year over allegations she attended a doctor's practice in January in Albany, on WA's south coast, and left with a prescription for synthetic insulin that was then administered by injection to the six-year-old girl.
Two days later, a relative noticed the child was unwell, and the girl was taken to a medical facility in Albany before being transferred to Perth Children's Hospital.
The mother was arrested in late January and has been in custody ever since.
'Act borne out of desperation': defence
Her bail application was heard in the Stirling Gardens Magistrates Court, with her lawyer, Anthony Eyers, submitting it was unlikely the woman was going to contest the allegation she injected the child, but it would be up to the prosecution to prove what her intention was.
As the woman watched proceedings via video link from Melaleuca Women's Prison, wearing full PPE, Mr Eyers described her as the sole, around-the-clock carer for her daughter, and suggested what she was alleged to have done was "an act borne out of desperation".
The court heard the woman had made statements suggesting she genuinely believed "it was in the child's best interests that she pass peacefully away".
Prison conditions 'onerous'
Mr Eyers said the woman had no criminal record and was of prior good character.
He said the experience of being questioned by police, charged and refused bail had been a "tremendous shock to her life and expectations".
He also submitted there were concerns the "onerous" conditions in the prison where she was being held, mainly caused by the pandemic, could be hazardous to her mental health.
Evidence woman acted overtly: prosecution
State prosecutor Paul Usher opposed bail, telling the court there was evidence of "overt conduct" by the mother, including going to a pharmacy after visiting the doctor, having the prescription filled and then injecting her daughter.
He also said the woman had made admissions in her video record of interview with police about what she had done.
The court heard the child was still in Perth Children's Hospital, and Mr Usher said there were concerns that if released, the woman may pose a risk to the girl.
Magistrate Kate McDonald ruled against releasing the woman on bail, but suppressed her reasons for doing so.
The woman is due back in court next month.
The doctor who is alleged to have prescribed the drug, Pieter Austin, has also been charged with attempted murder but has made no application for bail.
