WARNING: This story contains graphic and sensitive content.
The jury in Lauren Anne Dickason鈥檚 High Court murder trial will this afternoon be sent to begin deliberating its verdict.
The group of 12 will be tasked with deciding whether she is guilty of murder or infanticide or not criminally responsible for the offending by reason of insanity.
Dickason, 42, does not deny killing聽.
But she has pleaded not guilty to murder, claiming she was severley mentally disturbed at the time and did not know what she was doing was morally wrong - and that she should not be held criminally responsible.
This morning Justice Cameron Mander is summing up the trial in its entirety and will run the jury through both the Crown and defence evidence.
He warned them that his summation would be lengthy and would go until at least 1pm if not longer.
Dickason allegedly killed 6-year-old Lian茅, and 2-year-old twins Maya and Karla at their Timaru home on September 16.
He appreciated much of what he had to cover would be repetitive however he was 鈥渙bliged to ensure鈥 they understood the case against Dickason and her defence.
- Lauren Dickason trial: Crown tells jury 鈥榶ou will be sure鈥 this is a case of murder
- Lauren Dickason's lawyer: Case is 'the very kind the law of infanticide was designed for'
- 'My world was falling apart': Lauren Dickason gives most detailed account of killing children
Mander reminded the it was up to them, and them alone, as to what evidence they accepted and rejected.
鈥淎t the end of the day your assessment of the evidence is for you,鈥 he said.
鈥淚t is up to you as to how you assess it... it鈥檚 for you to judge.
鈥榊ou need to take into account the evidence as a whole... does it make sense, does it ring true?
鈥淵ou must reach your decision without feelings of prejudice or sympathy鈥 it is inevitable such feelings are engendered in a case involving three little children.
鈥淵ou must set aside your emotions and go about your task dispassionately. You must judge the defendant without fear or favour - feelings of sympathy for the three children, Mrs Dickason, Mr Dickason and their families鈥 must be put to one side
鈥淎n entirely human response to three little girls being killed is outrage and horror - but you must put those reactions and feelings to one side in order to carry out your task in the analytical way that is required of you; to make sure your verdicts are based on the law and the evidence.鈥
Justice Mander said the jury must ignore any media reports or comments made to them by anyone outside their number about the case.
He said they must return verdicts based on their assessment of the evidence alone and Justice Mander urged them to 鈥渂e on your guard鈥 and not allow any irrelevant information or outside influence to colour their thinking.
鈥淢rs Dickason is innocent until proven guilty,鈥 he said.
鈥淚t is for the Crown to prove the charge of murder and to negate the defence of infanticide鈥 there is no onus on the defendant to prove or disprove insanity鈥 or infanticide
鈥淵ou must be brought to the point that you can say 鈥業 am sure the defendant is guilty鈥... has the Crown proved beyond a responsible doubt that鈥 the children鈥檚 deaths were not an act of infanticide.鈥
Justice Mander said there was no doubt Dickason killed the little girls and that she was very mentally unwell.
The jury must decide whether she was so disturbed that she cannot be held criminally culpable.
The jury鈥檚 verdict options were murder, the alternative charge or 鈥減artial defence鈥 of infanticide or the full defence of insanity and Justice Mander spent much time talking them through each.
For murder the jury had be sure the Crown had proved three elements:
- That the killing is a homicide - which is not in doubt
- That the killing is culpable
- That there was murderous intent
鈥淚f the deaths of the three children were acts of culpable homicide, they were acts of murder鈥 the Crown is not required to prove a motive to prove the offence of murder, only that the defendant had a murderous intent,鈥 said Justice Mander.
He then explained infanticide and that it was 鈥渟omething of a hybrid between an offence and a defence.
鈥淢rs Dickason will be entitled to verdicts of infanticide and to be acquitted of murder - if there is sufficient evidential information for infanticide that leaves you in reasonable doubt.
鈥淭he prosecution must negative the defence - if you consider it to be reasonably possible Mrs Dickason鈥檚 actions in causing the death of her three children were acts of infanticide you cannot find her guilty of their murders.
鈥淚f you consider it reasonably possible that (her) actions were acts of infanticide鈥 your verdicts would be ones of not guilty to murder but guilty of infanticide.鈥
To reach a verdict of infanticide the jury must agree that at the time of the killings, the balance of Dickason鈥檚 mind was 鈥渄isturbed鈥.
鈥淭he balance of Mrs Dickason鈥檚 mind is required to be disturbed to such an extent she should not be held fully responsible for the children鈥檚 deaths.
鈥淚f the Crown fails to negate at least one of the elements of infanticide beyond a reasonable doubt, then, subject to the issue of insanity your verdicts would have to be ones of infanticide and not murder.
鈥淭o summarise, if you conclude it is reasonably possible that at the time Mrs Dickason killed her children, the balance of her mind was disturbed by reason of her having not fully recovered from the effect of childbirth or any disorder arising from childbirth to such an extent she should not be held fully responsible.
鈥淚n that case, you would be required to proceed on the basis that (she) has committed acts of infanticide and not murder.鈥
Justice Mander said once the jury had decided between murder or infanticide they could then address insanity.
He said in that issue alone, the onus was on the defence to show 鈥渙n the balance of probabilities鈥 Dickason was insane at the time she killed the girls.
鈥淭he defendant is required to tip the scales, however slightly, in favour to discharge the onus upon her,鈥 he explained.
鈥淔or the defence to apply you would need to be satisfied on the balance or probabilities that Mrs Dickason was suffering from a disease of the mind at the time, (that) Mrs Dickason was so affected by that disease of the mind that she did not understand the nature and quality of her actions or, she did not know her actions were morally wrong.鈥
Justice Mander said all sides agreed Dickason understood the nature and quality of her actions - but the 鈥渆ssential question鈥 for the jury was whether she knew what she was doing was 鈥渕orally wrong鈥.
鈥淵our focus must be on the state of Mrs Dickason鈥檚 mind at the time and whether she appreciated that what she was doing was wrong,鈥 he explained.
鈥淚n making that decision you are entitled to draw on and weigh all the evidence you have heard including the experts鈥 assessments and opinions, the testimony of lay witnesses and all the information assembled about Mrs Dickason which may bear on that issue.
鈥淚f, because of the disordered condition of her mind, it is established by the defence on the balance of probabilities that Mrs Dickason did not know what she was doing was morally wrong, this element of the defence would be satisfied.鈥
Justice Mander explained to the jury that if Dickason was found not guilty by reason of insanity she would not simply be released.
It would be up to him - and no one else - to decide on her future.
That would like be a detention order under the聽.
This would see Dickason being detained at a secure mental health facility as a special patient until such time as the national director of mental health determines her to be well enough for release back into the community.
He said the jury was to put Dickason鈥檚 future to the side and focus solely on their verdicts.
The jury has been given a question trail document to assist them in reaching their verdicts.
Question trails are given to all juries, providing them with 鈥渁 logical path to follow鈥 in their deliberations.
鈥淭hat path is a series of questions that cover the elements of the offence for which proof is required, specific to each charge being determined,鈥 the Courts of New Zealand website explains.
鈥淭he question trails also remind juries about the onus and standard of proof for each element.鈥
On Friday the Crown and defence gave their last addresses to the jury.
Prosecutor Andrew McRae said聽
Defence lawyer Kerryn Beaton KC said
The trial has today entered its fifth week.
Since July 17 the jury of eight women and four men have heard extensive evidence about the alleged triple murder.
They have heard about Dickason鈥檚 life before and after she and her family emigrated to New Zealand from South Africa a month the girls were killed.
Dickason鈥檚 lengthy battle with a major depressive disorder, her gruelling fertility journey including at least 17 rounds of IVF and the loss of a baby early in a pregnancy, and her struggles with motherhood were canvassed.
The court was also shown video of Dickason and her husband Graham being interviewed by police after the little girls were killed.
Graham Dickason then gave evidence via audio-visual link from his home in Pretoria after he chose not to return to New Zealand to attend the trial.
Lauren Anne Dickason allegedly killed 6-year-old Lian茅, and 2-year-old twins Maya and Karla at their Timaru home on September 16.
The King v Lauren Anne Dickason - the Crown and defence cases
The Crown alleges Dickason murdered the children in a 鈥渃alculated鈥 way because she was frustrated, angry and resentful of them.
It acknowledges Dickason suffered from sometimes-serious depression, but maintains she knew what she was doing when she killed the girls.
Opening the Crown case on July 1,聽聽and killed them 鈥渕ethodically and purposefully, perhaps even clinically鈥.
The defence says Dickason was a severely mentally disturbed woman in the depths of postpartum depression and did not know the act of killing the children was morally wrong at the time of their deaths.
Further, it says she was 鈥渋n such a dark place鈥 she had decided to kill herself and felt 鈥渋t was the right thing to do鈥 to 鈥渢ake the girls with her鈥.
SUICIDE AND DEPRESSION
Where to get help:
鈥⒙: Call 0800 543 354 or text 4357 (HELP) (available 24/7)
鈥⒙: Call 0508 828 865 (0508 TAUTOKO) (available 24/7)
鈥 Youth services: (06) 3555 906
鈥⒙: Call 0800 376 633 or text 234
鈥⒙: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm)
鈥⒙: Call 0800 111 757 or text 4202 (available 24/7)
鈥 Helpline: Need to talk? Call or text 1737
If it is an emergency and you feel like you or someone else is at risk, call 111
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