A British mother who has admitted killing her two small children at a Spanish hotel will seek an acquittal on mental health grounds, it emerged today.
Lianne Smith, 44, has confessed to suffocating daughter Rebecca, five, and 11-month old son Daniel with a plastic bag at a Costa Brava resort last year.
Prosecutors will call for her to be jailed for 38 years for two counts of premeditated murder when the case goes to trial, court documents revealed today.
But defence lawyers will try to convince a jury Smith was not criminally responsible for her actions because she was suffering from mental illness and extreme stress.
A court source said: 'The key to the trial will be whether the jury believes Smith was suffering from a mental illness which prevents her from being criminally responsible for her actions.
'Her lawyers have informed the court they will seek an acquittal on the grounds Smith was not of sound mind and therefore cannot be found guilty of any offence.'
If the defence is successful Smith could be sent to a secure psychiatric unit but would be released when a judge and doctors agree she is cured.
No minimum tariff would be set, meaning she could be freed at any time, and she would have no criminal record
Read more: http://www.dailymail.co.uk/news/article-2051315/Lianne-Smith-seek-aquittal-murdering-2-children-mental-health-grounds.html#ixzz1bKI3NIhE
Lianne Smith, 44, has confessed to suffocating daughter Rebecca, five, and 11-month old son Daniel with a plastic bag at a Costa Brava resort last year.
Prosecutors will call for her to be jailed for 38 years for two counts of premeditated murder when the case goes to trial, court documents revealed today.
Lianne Smith with her son Daniel in a photo taken the weekend before the 11-month-old boy died in a Spanish hotel
Lianne is accused of murdering Rebecca, five, and Daniel in May last year days after her partner was extradited to England
A court source said: 'The key to the trial will be whether the jury believes Smith was suffering from a mental illness which prevents her from being criminally responsible for her actions.
'Her lawyers have informed the court they will seek an acquittal on the grounds Smith was not of sound mind and therefore cannot be found guilty of any offence.'
If the defence is successful Smith could be sent to a secure psychiatric unit but would be released when a judge and doctors agree she is cured.
No minimum tariff would be set, meaning she could be freed at any time, and she would have no criminal record
Read more: http://www.dailymail.co.uk/news/article-2051315/Lianne-Smith-seek-aquittal-murdering-2-children-mental-health-grounds.html#ixzz1bKI3NIhE
