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Kathleen Megan Folbigg Assignment 2022

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Added on  2022/10/04

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Case Study
Kathleen Megan
Folbigg
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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
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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).
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There is no clear reason to why and how the children died. As far as the investigation is
concerned even that was not conducted properly, so that there is an answer to all the infant
deaths in Folbigg Family. The reasons and reports given by the Doctors involved no specific
information but only speculations or what might have happened.
The major challenges faced in the case are; First of all, the investigation on the investigators
part was not done properly and in an apt way; Secondly, the technicalities of the medical field
were not handled properly and there was no specific reason provided by the Doctors involved
for the death of the four children, the specialists did not arrive at a settlement concerning the
reason of every demise, the similarity in which serves to underscore the degree to which
clinical judgement was associated with deciding the reason for death; Thirdly, the legal
aspect of the case was also not taken care of properly, as the legal authorities could have
compelled the investigating authorities to do their work diligently and with utmost vigour in
order to provide proper information or at least reasons for the deaths.
Strategies for Effective Intervention
As far as the case of Kathleen Folbigg is concerned, she was convicted for the murder of her
four children due to frustration and other mental disorders as specified in her diaries. There is
a strong need for intervention that is effective in nature to help Kathleen out from her
situation. She has been struggling as a mother, due to four huge losses in her life and also, she
is unable to manage her emotions and insecurities well. Hence, there is a need for
involvement of a therapist or a psychologist in order to help Kathleen manage her thoughts
and channelize those aggressive and frustration filled emotions into something productive.
In order to prevent Kathleen from going back to prior mental stress situation, certain steps
need to be taken in order to provide therapy. Involvement of Organizations such as Australian
State Forensic Mental Health Services (Government of Western Australia, 2019) and

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Criminal Law 4
Victorian Institute of Forensic Mental Health (Forensicare, 2019) along with Health and
Housing Services can be quite helpful for Kathleen to find something for herself.
The strategy that can be adopted to rehabilitate Kathleen involves a specific plan that can be
authorized by the correctional facility and constantly monitored in order to avoid any
relapses. Specific day schedule including regular therapy sessions, Job interviews/regular job,
living in either a community home or the one where Kathleen meets new and good company
and not the one that might make her go on the wrong path. Abstinence of consuming any
drug/substance abuse or alcohol should be involved in the schedule. Regular meets with the
therapist will help Kathleen heal with stress and aggression and courses for anger
management as such can be added for her anger issues.
Implementation
Due to the stigma around a person being in prison, prisoners cannot continue their old lives or
restart a new one. Community dejects people from prison and tries to keep their distance from
ex-convicts. In such a situation, providing proper job prospects can be helpful in order to help
ex-convicts like Kathleen figure their life out better. Prisoners in Australia instead of being
offered a proper job to start their new life are provided jobs in labour intensive sectors. Since
the ex-convicts have a tendency to relapse, they are provided jobs which are not permanent in
nature. Hence, some NGO’s and other Australian Organizations work towards better
rehabilitation of these people (Council of Australian Governments, 2016).
Organizations such as Community Restorative Centre (CRC) (CRC (Community Restorative
Center), 2019), Corrections Prison and Parole (Corrections, Prisons and Parole, 2019), Flat
Out (Flat Out Inc., 2019) and VACRO in Victoria (VACRO, 2019) are some of the few that
provide consultancy for ex-convicts and provide them with proper advice related to their
needs. Be it related to Jobs, Housing, Children, and Financial issues and as such. Kathleen
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can contact such organizations in order to facilitate the living and job situation to establish
her financially.
The strategy discussed above shall be strictly followed in Kathleen’s case as she has a high
possibility of bad mental state, proper monitoring and good company can help her get back
on her feet quite early. Therapist can help with the unresolved emotions in Kathleen’s mind
and a regular job can sort her financial issues. Good company or the living situation can help
in improving her quality of life so that there is no relapse in future. Authorities can help
provide time to time meetings with psychologists in order to know how much growth has
been there in Kathleen’s personality. Also a certain time slot should be given free to Kathleen
where she can do what she wants but is not illegal or refused by the authorities so that she
does not feel like still living in prison.
The prison culture shall have provided very bad impressions which can be taken advantage of
in this case so that out of fear, Kathleen does no such deed that she has to come back to the
prison. Preventing Kathleen from meeting bad company or friends and monitoring on that
shall be done. Kathleen can be put under observation for a certain time frame to prevent any
relapse. After this certain time, Kathleen can lead her life the way she wishes.
Conclusion
Kathleen has suffered huge losses not just in terms of time, children, family and home but,
everything. When Kathleen steps outside the prison after so many years, there is no one to
look after her or even talk to or provide a job in order to help. In such a scenario, it is quite
common for people (ex-convicts) to become homeless or be drawn towards wrong direction.
In order to prevent this from happening, authorities have to take an action or build a strategy
for people like Kathleen. To help them build their lives again from scratch. Authorities need
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to step up and help these people out with proper planning and projects dedicated to people
like Kathleen.
Reference List:
Australian Associated Press, 2019. No 'reasonable doubt': inquiry reinforces guilt of
convicted baby killer Kathleen Folbigg. [Online] Available at:
https://www.theguardian.com/australia-news/2019/jul/22/no-reasonable-doubt-inquiry-
reinforces-guilt-of-convicted-baby-killer-kathleen-folbigg [Accessed 19 October 2019].
Betts, & Delahunty, J.G., 2007. The case of Kathleen Folbigg: how did justice and medicine
fare? Australian Journal of Forensic Sciences, 39(1), pp.11-24.
Corrections, Prisons and Parole, 2019. Transition Programs. [Online] Available at:
https://www.corrections.vic.gov.au/release/transition-programs [Accessed 19 October 2019].
Council of Australian Governments, 2016. Prison To Work Report. [Online] Available at:
https://www.coag.gov.au/sites/default/files/reports/prison-to-work-report.pdf [Accessed 19
October 2019].
CRC (Community Restorative Center), 2019. Community Restorative Center. [Online]
Available at: https://www.crcnsw.org.au/ [Accessed 19 October 2019].
Flat Out Inc., 2019. A Statewide Support Service For Women Leaving Prison. [Online]
Available at: http://www.flatout.org.au/ [Accessed 19 October 2019].
Forensicare, 2019. Court Mental Health and Response Sevice. [Online] Available at:
https://www.forensicare.vic.gov.au/our-services/community-forensic-mental-health-
services/court-mental-health-response-service/ [Accessed 19 October 2019].

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Government of Western Australia, 2019. Statewide and Tertiary Mental Health Services.
[Online] Available at: http://www.nmahsmh.health.wa.gov.au/services/statewide_sfmhs.cfm
[Accessed 19 October 2019].
Murderpedia, 2019. Kathleen Megan FOLBIGG. [Online] Available at:
https://murderpedia.org/female.F/f/folbigg-kathleen.htm [Accessed 18 October 2019].
VACRO, 2019. VACRO SERVICES AND PROJECTS. [Online] Available at:
http://www.vacro.org.au/HOWVACROCANHELP.aspx [Accessed 19 October 2019].
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