Murder (Infanticide) in Post-partum Depression: The Case of Akon Guode

In 2015, 35-year-old Sudanese refugee Akon Guode had post-traumatic stress disorder and a post-partum depression when she drove her vehicle into a lake in a murder (infanticide, filicide)-suicide attempt. In 2017, Ms Guode pleaded guilty to two counts of murder, one count of attempted murder and one count of infanticide and was sentenced to 26 years' imprisonment. In August 2019, the Victorian Court of Appeal found the original sentence was "manifestly excessive". In March 2020, a majority of the High Court found that the Court of Appeal erred by taking into account that the Crown had accepted Ms Guode's plea of guilty to the charge of infanticide. The High Court quashed the sentence . In September 2020, the Court of Appeal imposed the same 18-year sentence and the same non-parole period as in August 2019. This commentary considers the application of the defences of "infanticide" and "mental impairment" and "fitness for trial" in post-partum depression and PTSD.