Did this mum attempt to kill her daughter?

SHE allegedly readied the car to billow poisonous gas, swallowed some tranquilisers and took her daughter in her arms.

But did a Sunshine Coast mother attempt to kill her nine-year-old daughter?

The woman, 37, faces two charges of attempted murder over what police contend were twice failed bids at murder-suicide on May 30 and September 22, 2012.

At issue is what constitutes an attempt to murder.

During committal proceedings in Maroochydore Magistrates Court yesterday, the woman's defence team argued that the evidence, at its strongest, could only be considered as "preparation" by the woman.

The court heard that on the first occasion, the woman fell asleep on a lounge chair while holding her daughter after taking benzodiazepines.


Simon Lewis, representing the woman, said there was no evidence the woman's daughter was in the car or had been drugged.

Mr Lewis said the use of the tranquilisers could be viewed as "sabotage" of whatever the woman had planned to do.

The court heard that on the second occasion, the woman's partner found her unconscious on the garage floor next to the open door of the car, which had the motor running.

The daughter allegedly walked in wearing headphones and carrying an iPad, appearing flushed.

Mr Lewis said that although the prosecution contended the girl's red face was consistent with gas poisoning, it could also be consistent with running around the house or jumping up and down.

He said evidence amounted to nothing more than "mere preparation" on the first occasion and even less on the second. He also said the prosecution relied upon what he labelled "strands of a circumstantial case".

However, prosecutor Senior Sergeant David Bradley said it was up to the trial judge to determine whether the evidence constituted attempted murder.

Section four of the Queensland Criminal code states that it is an attempt to commit an offence if one begins to put an intention into execution through some overt act, even if the intention is not completely fulfilled.

Magistrate Stephanie Tonkin has reserved her decision until Wednesday.

Topics:  attempted murder court crime murder police

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