Kylie Ellina Truswell-Mobbs denied bail after charged with murder of terminally ill partner David Ronald Mobbs

A woman accused of “taking matters into her own hands” after her terminally ill partner asked for more time to consider voluntary assisted dying has been denied bail, after a court heard what happened in the hours leading to his death.

A woman accused of “taking matters into her own hands” after her terminally ill partner asked for more time to consider voluntary assisted dying has been denied bail after a court heard she had told a carer she “couldn’t take it any more”.

Kylie Ellina Truswell-Mobbs, 50, was arrested and charged with murder at her Alexandra Hills home earlier this month following a 16-month police investigation.

Police will allege she administered lethal levels of a “cocktail of drugs” to her partner David Ronald Mobbs, 56, on the evening of December 5 to 6, 2023.

The Brisbane Supreme Court heard at Truswell-Mobbs’s bail application on Tuesday how Mr Mobbs was suffering from motor neurone disease – an aggressive degenerative condition – and could only communicate through a signing board.

Crown prosecutor Sarah Dennis said Mr Mobbs had expressed, during a conversation with palliative care professionals earlier that same day about the possibility of voluntary assisted dying, that he wished to “go on” and consider his options for at least another week.

But Ms Dennis said it would be alleged Truswell-Mobbs “took matters into her own hands” and used what medications were available at home to administer three doses of drugs to Mr Mobbs over the course of several hours that night.

Kylie Ellina Truswell-Mobbs, 50, has been charged with the murder of David Ronald Mobbs, who was in his last stages of life with motor neurone disease. Picture: Supplied

The court heard Truswell-Mobbs made admissions to the police the next day that she had administered the drugs, but claimed her partner had wanted to die.

Ms Dennis said statements given by Truswell-Mobbs’s adult sons and Mr Mobb’s carer reflected similar versions of events – with some conflicting accounts – after Truswell-Mobbs made admissions to them.

“The devil may be in the detail,” Ms Dennis said.

She noted that according to the carer’s account, Truswell-Mobbs had told him she “couldn’t take it any more” after administering the first dose of drugs.

Defence barrister Ruth O’Gorman acknowledged that her client had made admissions that would fulfil a charge of murder, but said it was not inevitable Truswell-Mobbs would be convicted of that offence.

“There are other charges which are or may be open on the evidence including a charge of aiding suicide,” she said.

Ms Dennis, however, said the murder charge was “clearly a considered matter” considering the 16-month police investigation, and that no alternative charge was currently proffered.

Ms O’Gorman submitted that Truswell-Mobbs did not impose any significant risks considering the “completely unique circumstances” of Mr Mobbs’s death and her client’s lack of criminal history.

Police allege Kylie Truswell-Mobbs murdered David Mobbs by administering a lethal medication dose. Picture: Supplied

She said Truswell-Mobbs had already been living in the community without issue for the past 16 months throughout the police investigation.

Ms O’Gorman argued any risk of interfering with witnesses was in a separate category to most defendants, seeing as Truswell-Mobbs had already been living with one of her sons – who was a Crown witness – during that time.

Justice Glenn Martin said a grant of bail that would see Truswell-Mobbs return to the same residence with her son would be “extraordinary”.

He said there was a considerable difference between being investigated and actually charged with murder, and that the risks became increasingly heightened the closer the case became to trial.

Justice Martin said in his view, the prosecution case involved a substantial amount of evidence which would “tend towards conviction”.

He said if an alternative offence were proffered in future, Truswell-Mobbs would have another opportunity to make an application for bail at that time.

Ms Truswell-Mobbs application for bail was denied, and she was remanded in custody.

Originally published as Kylie Ellina Truswell-Mobbs denied bail after charged with murder of terminally ill partner David Ronald Mobbs