A woman accused of killing her terminally ill partner after he postponed making a decision on assisted dying has been denied bail by the Queensland Supreme Court.

Kylie Ellina Truswell-Mobbs, 50, was arrested on April 3, more than a year after the death of her partner, David Ronald Mobbs, 56, who died at their home in Alexandra Hills, southeast Brisbane, in December 2023.

During a bail hearing on Tuesday, the court heard that Mr Mobbs, who had been diagnosed with motor neurone disease (MND), had expressed a desire to delay a decision on voluntary assisted dying just hours before his death. 

Crown prosecutor Sarah Dennis alleged that later that same night, Truswell-Mobbs made three separate attempts to administer a lethal drug cocktail to Mr Mobbs via his feeding tube. “Her conduct was purposeful and determined,” Dennis told the court. “It continued over a number of hours through the night… her intent was protracted.”

According to Dennis, Truswell-Mobbs acted after a palliative care meeting on December 5, where Mr Mobbs reportedly told others he wished to delay his decision about assisted dying by at least a week. Despite this, prosecutors allege Truswell-Mobbs acted within hours to end his life.

The court also heard that Mr Mobbs, who used a signing board to communicate, had allegedly been given a lethal dose of drugs. Police claim Truswell-Mobbs later confessed her actions to both a close family member and a professional carer. One witness reported she told them she “couldn’t take it anymore”.

Truswell-Mobbs’ defence barrister, Ruth O’Gorman, argued for bail, noting that her client had no prior criminal history and had not fled during the 16 months she was under police investigation. O’Gorman also raised the possibility that the charge could be reduced, suggesting that aiding suicide might be more appropriate than murder.

“It’s not inevitable that the Crown would proceed with the charge of murder against her, or that the jury would convict,” O’Gorman said.

However, Justice Glenn Martin found the prosecution had a strong case, noting the significant body of evidence pointing toward a potential conviction. He said there was a clear distinction between knowing one is under investigation and being formally charged with murder.

Bail was denied, and Truswell-Mobbs is expected to appear in Brisbane Magistrates Court for mention of the murder charge.

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