Kathleen Megan Folbigg Assignment 2022

Student Credentials
Case Study
Kathleen
Megan
Folbigg
[Type the document
subtitle]

Criminal Law 1
Introduction
Kathleen Megan Folbigg, an Australian citizen, is a convict facing 30 years of imprisonment
with a 25 years non-parole period (Australian Associated Press, 2019) for the murder of
her four children, Patrick Allen, 8-months old, Sarah Kathleen, 10-months old, Laura
Elizabeth, 19-months old, and Caleb Gibson, 19 days old. As per the verdict of the court,
Kathleen is said to have smothered three of her children and man-slaughtered her fourth
child, Caleb Gibbson. Kathleen never confessed to the crime, yet she was convicted due to
the circumstantial evidence against her (Murderpedia, 2019).
Complexities Involved
Charges Kathleen is convicted of are quite serious one's. Manslaughter of one and
Smothering of three are two hefty crimes being committed by her in the case. In Australia,
Manslaughter alone constitutes a penalty of imprisonment for 25 years.
Nobody in the investigation team or at home ever suspected Kathleen’s actions as a mother.
Later, after the death of Folbigg’s fourth child, Craig Gibbson Folbigg and Kathleen Megan
Folbigg separated.
While cleaning the house, Craig Folbigg, her husband found Kathleen’s diaries where she
clearly mentioned her struggles with depression and her insecurities. In the diary Kathleen
also mentioned how neglected she felt due to her children’s existence and how frustrated she
was, it also mentioned her occasional encounters of anger outburst. Craig being disgusted of
the information, he handed the circumstantial evidence over to the investigators.
Kathleen was raised by a foster family as her father was in prison for murdering Kathleen’s
mother by stabbing her twenty-four times. Kathleen had a rough childhood, the need for

Criminal Law 2
belongingness and attention was very important to her. So when the new born children started
getting more attention from the family instead of Kathleen, frustration grew and she started
taking it out on children. Kathleen as any mother, did love and care for her children and
family. But due to depression and the mental state she was in, she ended up killing them.
Confessions in her diary mention her mental state and struggles clearly.
In Kathleen's case, the investigation has been done on the basis of meagre circumstantial
evidence and speculations. Albeit no charges had been brought for any of the three past
passing’s, after the fourth Folbigg newborn child kicked the bucket, charges were brought
against Mrs Folbigg for the homicide of every one of the four youngsters. The four cases
were attempted together, and the reality of every passing was conceded as probative of blame
based on occurrence and inclination proof guidelines.
Based upon the evidence and investigation done, these aspects were acknowledged:
1. The first child, Caleb had difficulty in breathing and while feeding also as he was
diagnosed with transient tachypnoea since birth.
2. The second child, Patrick was diagnosed with epilepsy and the cause of death as
stated by the autopsy report states it as “a death caused by asphyxia due to airway
obstruction and epileptic fits”.
3. The death of the third child Sarah’s reason for death was never found out even after
post-mortem and hence, was declared as death by SIDS (Sudden Infant Death
Syndrome).
4. The death of the fourth child, Laura was also a similar one as Sarah’s and since, there
was no explanation to how Laura died, Dr. Alan Cala declared Laura’s reason of
death to be from SIDS (Betts & Delahunty, 2007).