In short:
Caroll Hopkinson, who is charged with the alleged murder of her husband, has been granted bail with conditions to comply with any psychiatric or psychological care deemed necessary.
The prosecutor opposed her release but Ms Hopkinson’s lawyer argued the law did not operate to incarcerate people because of poor mental health.
What’s next?
The case will be heard again in November.
A woman charged with murdering her husband in an alleged act of self-defence has been released on bail.
Caroll Hopkinson, 58, is accused of murdering her husband Simon Hopkinson at their Taperoo home in July.
The Adelaide Magistrates Court previously heard the case was “unusual and tragic” because Ms Hopkinson allegedly tried to stop her husband from taking his own life then defended herself when he reacted aggressively.
Ms Hopkinson applied for bail, but the police prosecutor opposed her release, saying it was a “very serious matter” and police had concerns about her “mental stability”.
The prosecutor said if the court was to grant her release from custody, it should be on home detention bail — the strictest form of bail.
“One of our main concerns is the mental health issue,” the police prosecutor told the court.
“If released on bail, at some point throughout these proceedings, she may take her own life.”
Chief Magistrate Mary-Louise Hribal questioned the necessity of home detention conditions.
“How is home detention going to help that?” Magistrate Hribal asked the police prosecutor.
“Some might suggest if she’s at home all day and not able to leave her home that would not be as good for her mental health.”
The prosecutor conceded that was a possibility.
“I suppose one could argue that. On another level, it could be that extra layer of supervision and monitoring could be advantageous,” the prosecutor said.
“Our main concern with her being released from custody is knowing that her mental health is going to be stable enough, and that she can maintain that stability throughout the proceedings, so we can ensure that she’s with us for the proceedings.”
Ms Hopkinson’s lawyer, Jeff Powell, told the court his client would be well supported at home, including by family and friends, and would receive a mental health care plan.
“The Bail Act doesn’t operate to incarcerate people simply because of poor mental health,” Mr Powell said.
“Someone in Ms Hopkinson’s position should be in a poor mental state. It would be surprising if circumstances were otherwise.
“I can assure Your Honour, because I’ve spoken to her, that her mental health will be greatly improved if she is released.”
Mr Powell said his client did not pose a threat to the community and should be released.
The chief magistrate granted bail with monitoring conditions and directions that Ms Hopkinson comply with any psychiatric or psychological care deemed necessary.
Ms Hopkinson watched the proceedings through a video link from custody and was visibly emotional throughout the hearing, frequently wiping her eyes with a tissue.
The case will return to court in November.