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[2026] NSWSC 1017
Supreme Court of NSW
2026-08-26
Lonergan J
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: R v Graham [2026] NSWSC 1017
Hearing dates: 24 August 2026
Date of orders: 24 and 26 August 2026
Decision date: 26 August 2026
Jurisdiction: Common Law
Before: Lonergan J
Decision: (1) For the murder of Diedre Anne Folpp in October 2023, a special verdict pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) of “act proven but not criminally responsible” is entered.
(2) Pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Jo-Ann Graham is to be detained in a correctional facility or at such other place as may be determined from time to time by the Mental Health Review Tribunal.
(3) The Registrar of the Supreme Court is to notify the Mental Health Review Tribunal of the verdict and these orders within 7 days.
(4) The Registrar of the Supreme Court is to provide to the Mental Health Review Tribunal a copy of these orders, my reasons for judgment and the exhibits within 7 days.
(5) The Registrar of the Supreme Court is to notify Justice Health and the Forensic Mental Health Network of the making of these orders and is to provide a copy of my reasons for judgment, the orders and exhibits within 7 days.
(6) The following charges are withdrawn:
(i) Intimidation (H79570431).
(ii) Damage property (H79570431).
Original judgment source is linked above.
Catchwords: CRIMINAL LAW – murder – hearing under s 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – where psychiatrists agree accused was suffering from schizophrenia at time of killing – Professor Greenberg considered accused also suffering chronic substance use disorder and so possibility of drug-induced psychosis cannot be excluded – exception under s 4(3) to mental health impairment does not apply because impairment not caused solely by substance use disorder or intoxication – accused unable to reason with a moderate degree of sense and composure – did not know her act was wrong – special verdict entered
CRIMINAL LAW – victim impact statements – complexity of grief – remarkable courage in preparing and presenting these intensely private and difficult responses
Legislation Cited: Criminal Procedure Act 1986 (NSW)
Mental Health Act 2007 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Category: Principal judgment
Parties: Rex (Prosecution)
Jo-Ann Graham (Defendant)
Representation: Counsel:
B Queenan (Rex)
B Bickford (Defendant)
Solicitors:
Office of the Director of Public Prosecutions (NSW) (Rex)
Legal Aid NSW (Defendant)
File Number(s): 2023/00355293
Publication restriction: Nil
Diedre Anne Folpp lived alone in a duplex in Muswellbrook. She and the accused, Ms Graham, were old friends and had previously lived close to each other. By October 2023 Ms Graham, was homeless and living under the Denman Bridge in Denman with a pet dog. She was assisted by Upper Hunter Homeless Support (“Homeless Support)”. She had been “seeing things” and “hearing things” and reported thinking “someone was putting a microphone in her”. She did not want to tell Homeless Support staff about this in case they “put her in hospital”. She was using methamphetamine, (“ICE”), in an attempt to cope with her psychotic experiences and delusional thinking. She had come to police attention on a number of occasions in 2022 and 2023 with erratic and incoherent behaviour in public. She was admitted to Maitland Hospital Emergency Department in January 2023 with psychosis and paranoid delusions, including complaining that a device had been implanted into her chest.
Some time in or near October 2023, Ms Folpp had allowed Ms Graham to move in with her. This was a very kind gesture. No doubt Ms Folpp could never have foreseen the terrible events that followed. At some time between 28 October and 30 October 2023, Ms Graham killed Ms Folpp by stabbing her multiple times in the head and neck.
Ms Graham was arrested and taken to Muswellbrook Police Station on the night of 30 October 2023 after Ms Folpp’s body was found. She was reviewed by paramedics who found her difficult to assess as she was agitated, erratic and difficult to understand. Early on the morning of 31 October 2023, Ms Graham was scheduled and admitted for emergency psychiatric care. She was discharged to police custody on 8 November 2023 after being treated with multiple antipsychotic medications.
Based on the opinions of two well qualified and respected psychiatrists, Professor Greenberg and Dr Furst, the Prosecutor and Ms Graham’s lawyers agree that Ms Graham is not criminally responsible for the murder, because at the time she killed Ms Folpp, she was suffering from a mental health impairment such that she did not know that her actions were wrong and, (according to Professor Greenberg), did not understand the nature and quality of her actions: Mental Health and Cognitive Impairment Forensic P**rovisions Act 2020 (NSW), s 28 (“the Act”).
As I explained at the hearing on Monday 24 August 2026, the question I must determine is whether in accordance with the parties’ joint position, a special verdict, “act proven but not criminally responsible”, should be entered. I was in a position to make that determination formally on 24 August 2026, as I had been assisted by the provision of written submissions of counsel, the expert reports of both psychiatrists, and the Agreed Facts the week before that hearing on Monday. I had read and considered all of that material in light of the requirements of the Act. For the reasons I will set out in this judgment, I was satisfied that the order should be made. That meant that I was able to receive the victim impact statements from Ms Folpp’s sister, Sandra Reed, and from one of her daughters, Jovanna Korsakov. I will return to these important and moving statements later in these reasons.
The facts of the case are agreed between the parties and a document signed by Ms Graham, her solicitor and the Prosecutor was tendered as part of the Crown material. The facts include a focus on Ms Graham’s mental health history and some observed behaviours of Ms Graham in the days leading to the death and in the days after her arrest on 30 October 2023. This material is important background upon which both psychiatrists relied in reaching the conclusions that they have.
Ms Graham has some history of mental illness. Muswellbrook District Hospital medical records indicate that in October 2009 she had ceased the use of Zoloft, an anti-depressant medication, prior to pregnancy. She was noted at the time to have suffered from depression.
On 7 January 2023, Ms Graham was admitted to Maitland Hospital Emergency Department after presenting with psychosis and paranoid delusions. She was noted to believe she had a device implanted in her chest wall cavity, and was walking around with a stethoscope wanting to listen to it. She wanted police protection from trespassers and became agitated and required chemical sedation.
A hospital discharge summary from that admission noted that Ms Graham reported to have consumed large amounts of alcohol on 7 January 2023 and a small amount of methylamphetamine (“ICE”) which was not normal for her. The impression recorded by medical staff was that there were “resolved behavioural changes secondary to ICE use yesterday”. It was noted that she “does not display features of psychosis, has good insight and awareness into actions which precipitated yesterday’s episode. She was requesting to be discharged home”. The primary diagnosis was noted as “Mental and behavioural disorders due to multiple drug use and psychoactive substances, acute intoxication”.
A case worker from Homeless Support noted on 12 October 2023 that Ms Graham was paranoid about her phone, expressing ideas along the lines of calls on her phone and that she didn’t know how they had got there. She could not really explain what she was trying to say. The same worker noted on 18 October 2023 that Ms Graham had made reference to the “work car being tracked” and that she was referring to case workers as “Guardians of the Galaxy” and that this behaviour was out of character for her.
On 31 October 2023 following her arrest, Ms Graham was taken to the Calvary Mater Hospital where she was scheduled under the Mental Health Act 2007 (NSW). She was admitted to the secure Psychiatric Emergency Care ward. Medical staff spoke with Ms Graham’s brother, Rodney. He said that for the last 6 to 7 months Ms Graham had been paranoid that people had been after her, were trying to hurt her and that she thought there were cameras around her residence.
On 2 November 2023, a psychiatrist from that hospital, Dr Jayarajan, recorded that Ms Graham’s daughter Tamika said there was a deterioration in her mother’s mental state three years ago. Tamika said that her mother was paranoid that people were after her and that she rambles about God, and that this started many years ago.
On 27 October 2023 at about 11:10am, Constables Pilley and Moody arrived at the medical centre on Brook Street Muswellbrook in response to a reported assault. Ms Graham was found standing beside a vehicle. There was a concerned woman, Ms Turner, seated in the driver’s seat of the vehicle and a male standing next to Ms Graham. The male said to police: “Can you get her away from the car? She’s not moving”. Police had to remove Ms Graham away from the vehicle by force. They noted her as quite strong for her size. Ms Graham was non-compliant and spoke incoherently. Police could smell alcohol emanating from her. Police sat her down and activated their body worn video (“BWV”). She said: “I am a police officer” and “Please, she’s got my son in there”. She also said: “there’s a spirit in there” and “she’s taken my baby”, referring to Ms Turner and her vehicle.
Ms Graham was at that time wearing certain items of clothing that were later located at the crime scene in Ms Folpp’s bedroom. She had in her possession a lighter and a particular brand of cigarettes. Those items were also found at the crime scene.
Police spoke with the woman in the vehicle who confirmed Ms Graham had been walking up the road yelling at people before becoming fixated on her vehicle. She had opened the driver’s side door and tried to force her way inside. She did not assault the woman. Ms Graham had said to the woman that she was a police officer and that her son was in the vehicle. Police continued to speak with Ms Graham. She provided her name but otherwise spoke incoherently and looked at her hands in a confused manner. She had cut her right hand which was bleeding. Ms Graham said in the presence of police: “Don’t shape shift on me” and “Look, my son. Look. See. There he is”. Police called for an ambulance to conduct a mental health assessment and to treat Ms Graham’s hand.
Paramedics arrived and Ms Graham’s hand injury was treated. She appeared calmer and more coherent as she was being treated. Paramedics performed a mental health assessment and deemed she was not to be detained. They left the scene. Ms Graham was charged with Possess Prohibited Drug because police had found her with a quantity of cannabis leaf. Police spoke further with Ms Graham. She remained calm, though mumbled things. She said she was going to get dog food and go home. She was not under arrest. She left on foot. Police returned to other duties.
At 12:57pm that afternoon, those same officers attended outside the St Albian’s Op Shop in response to reports of a female acting erratically. Police located Ms Graham at the intersection of Brook and Bridge Street. She was sitting on a bench seat. She was wearing the same clothes as earlier. Constable Pilley approached her and she walked away. He told her he was concerned for her safety and that she was to be detained for that reason. He took hold of her arm and activated his BWV. Constable Moody joined and also took hold of her arm. Ms Graham yelled and screamed and physically resisted them escorting her to their police vehicle. She did not appear to comprehend what was happening and spoke incoherently. She called out “Sergeant” as if she had hold of a police radio. The officers smelt alcohol emanating from her. They attempted to remove the bags she was carrying from her grip but could not do so. Ms Graham was eventually placed in the rear of the police vehicle and one bag removed from her. She was left with her other bag and conveyed to Muswellbrook Police Station.
At 1:08pm, police arrived at Muswellbrook Police Station and activated his body worn video camera to record her. Ms Graham exited the rear of the vehicle unassisted. She was less incoherent and appeared to have better comprehension of what the police were telling her. She resisted giving her bag to police and resisted walking to the custody area. Police physically moved her to the custody area where she continued to resist the removal of her property. Police forcefully removed the bag from her along with a lighter and sunglasses. Police located $400 cash and a half-full bottle of whisky in her bag. During the interaction, she again called out “Sergeant” as if she had hold of a police radio. She was entered into custody as an intoxicated person, introduced to the Custody Manager, and observed to mumble incoherently and regularly to herself.
Meanwhile, Ms Folpp was going about her normal daily activities. At about 5:00pm, Ms Folpp and a friend went shopping at Aldi. As recorded on CCTV, Ms Folpp was wearing some of the same clothing as she was wearing when she was found deceased on 30 October 2023.
At about 5:30pm, Ms Graham remained in custody at Muswellbrook Police Station due to her state of intoxication. She was observed to be rambling and spoke very quickly and was difficult to understand. She asked for a cigarette and wanted to leave. At times, she slurred her words and spoke disjointedly, but at other times, she spoke clearly and concisely. She claimed she was staying at The Royal Hotel. SC Campbell searched her wallet and located $500 cash. He could not smell alcohol on her. He called paramedics to perform a mental health assessment.
At about 5:52pm, SC Campbell asked Ms Graham about her mental health. Ms Graham responded: “I don’t have any mental health”. She denied any suicidal ideation and denied wanting to hurt herself or others. SC Campbell asked about her bandaged hand and she replied: “[It] is from today”. She continued to ask for a cigarette.
At 5:54pm, paramedics Cullen and Rikmanis attended Muswellbrook Police Station to conduct a mental health assessment. Ms Graham was assessed in the cells with a police officer present. She was alert, oriented and compliant with questioning. She appeared to understand. She answered calmly and quietly and was non-threatening. She denied any suicidal ideation, denied wanting to hurt herself and others, and denied having any previous mental health issues. She said she had no mental health conditions and took no medications. The paramedics and police discussed the matter. The paramedics agreed they could not smell alcohol on Ms Graham. The paramedics determined they could not detain her in order to take her to a declared mental health facility. This is something they had the power to do if they believed on reasonable grounds that she appeared to be mentally ill or mentally disturbed and that it would be beneficial to her welfare: s 20 of the Mental Health Act*.* At 6:07pm, the paramedics left.
A few minutes later at 6:15pm, Ms Graham was released. As recorded on CCTV at the police station, she left wearing the same clothes as she had arrived in, however, she had partially removed the blue jumper to reveal a green shirt beneath it. That green shirt was later located at the crime scene.
Shortly afterwards, it is believed that Ms Graham attended the Royal Hotel, Muswellbrook, and asked for a room but was turned away.
At 7:49pm, so about 1.5 hours later, recorded on CCTV from the Caltex Service Station, Ms Graham walked south-west along the northern footpath of Sydney Street, Muswellbrook, in front of the Muswellbrook Workers Club and Valley Hotel Motel before turning around and walking back (off screen). She had bags with her. A few minutes later, she walked back (on screen) and stopped at the front of the Valley Hotel Motel. She knelt down and went through her bags for several minutes until 8:01pm. She then got up with her bags and crossed Sydney Street at the lights towards the Caltex Service Station and along the Pacific Highway (off screen). At 8:08pm, she returned (on screen) from the Pacific Highway and walked south-west along the southern side of Sydney Street (off screen) again.
On 30 October 2023, Mr Williams was at home shortly before 7:20am. Ms Graham approached and banged loudly on the rear screen door of his house. He approached from inside and, through the door, she yelled and screamed at him. At one point, she screamed: “Get the fuck out of my property!”. He replied: “This is my property”. She replied: “I've just come home, and this is my property!”. She pushed through the fly screen of the rear door as she yelled at him. He retreated inside his house and called 000 and reported the matter. He did not see any blood on her clothing but was not really focused on her clothes. She was carrying a stuffed toy in her hands that Mr Williams believed was a tiger and she may also have been carrying a rag.
Ms Graham continued sporadically yelling and screaming from the direction of Ms Folpp’s house for hours until police arrived.
Ms Paula Jimmieson, of [REDACTED] Sydney Street, heard banging on windows and doors and a slurred female voice yelling things like, “Come out” and “Where you” and “Get up” repeatedly.
At about 11:25am, police attended [REDACTED] Sydney Street and walked down the shared driveway. Police heard a female shriek come from inside Ms Folpp’s unit. They heard movement inside and knocked on the door. No one answered. Mr Williams spoke to them from his back door. He told them of Ms Graham’s behaviour, the damage to his screen door, and that she was not the usual occupant of Ms Folpp’s house. Police made attempts to contact Ms Folpp on her mobile phone, but it was not answered.
Police knocked on Ms Folpp’s rear door several more times and announced it was the police. After a short period, a female voice replied: “I don’t want to come to the door”. Police requested she do so to talk. Ms Graham opened a nearby window and spoke to the police who remained outside. Police told her they were there because she had been carrying on. She said: “I have not been carrying on”. Police said she had. She said: “Why wouldn’t they come knock on the door then?”. Police said: “Probably because of the way you have been carrying on”. Ms Graham closed the window. Police took no further action and advised Mr Williams to call them if he had any further complaint. Police left at about midday.
At about 2:38pm, Mr Ranger walked outside his house and saw Ms Graham sitting under the tree directly outside Ms Folpp’s house. She had a suitcase with her and was talking out loud either on the phone or to herself. Mr Ranger thought she was drug-affected because of her appearance and behaviour. Mr Ranger sent a friend of his, Hailie, a message about her and went back inside his house.
At about 3:30pm, Mr Rodney Anshaw walked past Ms Folpp’s residence and saw Ms Graham standing on the front porch holding a window gauzing.
At about 6:00pm, Mr Robert and Ms Paula Jimmieson of [REDACTED] Sydney Street, heard banging coming from [REDACTED] Sydney Street. They saw Ms Graham at the back door of Ms Folpp’s residence. She was behaving erratically and appeared to be agitated. She was leaning through the rear screen door where the fly screen had been pushed out from the top. She was leaning on the middle part of the door and had a leg out and her body was bent over.
At 6:03pm, Mr Jimmieson recorded Ms Graham using his mobile phone for 25 seconds. This video depicts Ms Graham, wearing a pink top, leaning through the rear screen door where the fly screen had been removed. She was behaving erratically and appeared to have been agitated.
About 6:08pm, Mr Jimmieson called Muswellbrook Police Station and requested their attendance. The Jimmiesons tried to keep an eye on Ms Graham in the meantime. They saw her at the front of Ms Folpp’s residence holding a steel bar, banging the carport pole and windows, going inside and outside the property via the front door. Later, she slammed the front door closed and walked into the street holding a power board. She walked erratically around the street and into the neighbours’ yards before walking off towards the Baptist Church. At 6:13pm, Mr Jimmieson called 000.
Shortly before 6:45pm, Ms Graham walked into the Brookside Baptist Hall at 79 Sydney Street. She was holding a white power board. She appeared extremely distressed and was speaking in a garbled fashion. She asked for a phone to call an ambulance. Ms Barb Hunter spoke to her. Mr Terrance Foote asked her why she needed an ambulance. She said: “For my children. I need 4 ambulances”. Mr Foote got out his mobile phone and Ms Graham took it and, at 6:45pm, called 000.
Ms Anne Foote stood about a metre from Ms Graham and observed her. She did not notice any injuries. Ms Graham had difficulties communicating over the phone with the operator. She walked to the front porch of the building and handed Mr Foote his phone. He spoke to the operator and Ms Graham to assist. Ms Graham grabbed the phone back, possibly swore at the operator, and hung up. She gave the phone back to Mr Foote and walked away. Mr Foote saw she had gouge marks on the inside of her left arm that appeared to have been scabbed over. Mr and Ms Foote followed Ms Graham and saw her running across Sydney Street and into the yard of a block of flats. Mr Emil Battista followed soon after. The 000-operator called Mr Foote back on his mobile phone and at 6:57pm, Mr Foote called 000 again.
Mr and Mrs Jimmieson were still in their front yard. They saw Ms Graham walk back to Ms Folpp’s duplex trying to enter via the front door and windows. Ms Foote, Mr Foote and Mr Battista observed Ms Graham behaving erratically in the area and trying to enter Ms Folpp’s unit via the front door and window. She was seen to remove a fly screen from a front window. Ms Foote and Mr Foote both describe her as carrying a white power board.
At 7:07pm paramedics Ms Beaman and Ms Madden attended Ms Folpp’s house and saw Ms Graham acting and talking erratically. The paramedics attempted to speak with her. Her words were slurred and the paramedics could not understand her but she said: “there are children inside”. She was holding a hair straightener and attempting to hit the windows of the building. Ms Graham was non-compliant and walked away towards Denman and turned left down Barrett Street. Paramedics spoke with the Jimmiesons who told them no children resided in the building and that they had seen Ms Graham inside it earlier. The paramedics walked around to the back door, knocked, and received no response. The back door was unlocked, but they did not enter at that time.
Mr Ranger and Ms Hailie-Jane Abra walked outside their house, at [REDACTED] Sydney Street, and saw the ambulance outside Ms Folpp’s house. Ms Abra knocked on Ms Folpp’s front door without response. She noticed the blinds were drawn which was unusual for Ms Folpp if she were at home. Ms Abra spoke with the paramedics and was told they could not gain entrance through the front door, but the back door was unlocked.
Mr Ranger entered Ms Folpp’s unit through the unlocked back door. The kitchen, lounge room, and laundry were clean and tidy consistent with how the house was ordinarily kept. The hallway, however, was not. There was a West Tigers flag hanging up and numerous items strewn on the floor. A room down the hallway had an indoor clothesline hanging in it, a cat tree, and numerous items strewn on the floor. The bedroom door was closed and there was a stepladder positioned against it. Ms Abra called Mr Ranger to come out of the house and he did.
The paramedics spoke with Mr Ranger and Ms Abra further and told them police would be notified. Mr Ranger and Ms Abra returned to their home. The paramedics determined it was a police matter as the patient, Ms Graham, had left the scene.
Ms Abra saw Ms Graham walk along the footpath, up the driveway, and towards the back door of Ms Folpp’s house. Ms Graham called out, as if to a cat: “Mogale, come here”. She then walked around to the front of Ms Folpp’s house and onto her front porch. After about 10 seconds, she walked away toward Maitland Street.
Mr Ranger saw Ms Graham walk towards the back door of Ms Folpp’s house and then turn around and walk to the front door. She was yelling and screaming and pacing back and forth. She walked away toward Maitland Street. Police arrived and spoke with Ms Abra and the Jimmiesons. Ms Abra told them she had not seen Ms Folpp for several days and she had just seen a female at Ms Folpp’s house. Police moved in the direction Ms Graham had gone.
At about 7:30pm, Mr Dean and a Ms Tracey Tisdell saw Ms Graham walking erratically, waving her arms about, talking to herself, and yelling loudly, at the Service Station on the corner of Sydney and Maitland Streets.
At about 7:41pm, Mr Jimmieson saw Ms Graham return to Ms Folpp’s residence shortly before walking away again towards Mitchel Street.
At about 7:45pm, police (Constable Garlick and SC McMorrow) arrived and spoke with Mr Jimmieson. Police saw Ms Graham down the street and approached her. She ran away into Muswellbrook Workers Club. Police followed her and located her inside. Police activated their BWV and spoke with her. She had a white power board in her possession. She was wearing a pink top, dark tights, sandals, a Wests Tigers flag as a skirt, and rings that belonged to Ms Folpp. She was difficult to understand and was behaving erratically and fidgeting. She eventually provided her name and date of birth. Police requested an ambulance attend for a mental health assessment and waited over 40 minutes with Ms Graham for the ambulance to arrive. No ambulance arrived in that time. Ms Graham was agitated. She told the police they were harassing her and that she was a police officer.
At about this time, Ms Abra sent a message of concern to Ms Folpp’s friend, Mrs Avard, and she and her husband attended the unit to check on her.
Mr and Mrs Avard entered the unit through the closed but unlocked back door. Inside, they noticed the smell of cigarettes and that the house was very messy. Mr Avard saw Ms Folpp’s bedroom sliding-door was off the rails, but closed over. There was rubbish and a small stepladder leaning against the door. Mr Avard moved them and entered the bedroom. Ms Folpp was covered in a blanket on the floor. Mr Avard looked under the blanket and discovered Ms Folpp. Mr and Mrs Avard exited the house.
Mr Avard called 000. In response, Constable Garlick and SC McMorrow who were at the Muswellbrook Workers Club with Ms Graham, left to attend Ms Folpp’s house. At 8:35pm SC Knight arrived at Ms Folpp’s house and spoke with Mr Avard. At 8:36pm, paramedics Rikmanis and Newbury also attended. SC Knight activated his Body-Worn Camera and they entered the house via the back door. It was damaged. The house was very messy and property was damaged throughout. SC Knight was taken to where Ms Folpp was located. He saw a large amount of blood on the wall, and immediately requested all civilians leave the house. He lifted up the blanket and saw Ms Folpp lying partially on her side. He declared a crime scene. Paramedics confirmed Ms Folpp was deceased. A crime scene perimeter was established and investigations commenced.
Ms Folpp’s body was under a blanket. Her hands were bound to the rear with a scarf, a decorative owl pin, and a leather strap. Her feet were bound with the power cord of an electric coffee grinder. She had multiple apparent stab wounds to her upper chest, arms, neck, face, and head. She had a large, silver serrated-edged knife embedded in her right eye socket to the hilt with the tip of the blade having protruded through the back of her skull and snapped off. She had a smaller knife embedded in a large wound in her throat which protruded from her upper back. In the same large wound, almost entirely embedded, was a 17cm long electronic whisk attachment with the whisk end facing outwards.
There was a crime scene examination of Ms Folpp’s house and forensic testing of various items. I do not need to go into any further detail about these matters, given the unambiguous acknowledgment by Ms Graham in her signing the Agreed Facts that she did the acts that killed Ms Folpp. Those Agreed Facts include this statement:
“On 28, 29 or 30 October 2023, inside Ms Folpp’s home, Ms Graham killed Ms Folpp by repeatedly stabbing her with knives to the face and neck.”
Shortly after locating Ms Folpp’s body, police returned to Muswellbrook Workers Club to arrest Ms Graham. They located her sitting on the front steps of the club. She physically resisted arrest and was handcuffed. She sustained minor injuries to her hands in the process. She was conveyed to Muswellbrook Police Station in the rear caged section of a police vehicle and was placed in the custody area. She spoke unintelligibly.
At 9:30pm paramedics attended the police station and performed a mental health assessment. Ms Graham was difficult to assess. She was sporadically agitated, erratic, and difficult to understand. When she was calm, she denied hallucinations and mental health issues. She denied having used alcohol or drugs that day, but admitted to prior methylamphetamine use. She denied thoughts of self-harm. She declined to answer whether she had thoughts of harm to others. The paramedics did not believe there were grounds to schedule her under the Mental Health Act and she was left in police custody after her hand injuries were washed and treated.
Ms Graham was seen to be wearing eight rings and a Wests Tigers flag. The rings and flag were removed from Ms Graham. The rings and the flag have been identified as the property of Ms Folpp. Whilst in custody, police observed cuts on Ms Graham’s hands and face. She was moving around constantly, mumbling incoherently, and appeared either under the influence of drugs and/or suffering from a mental health issue. She understood and complied with some simple directions, but was generally erratic and aggressive. She said things, such as: “Shut up. I am mother nature. If you take me out, we all die” and “I am a police officer. Let me call Sydney Police” and “You are a shape shifter. Stop shape shifting”, and “You are burning me”. She appeared to be sensitive to light and covered her face frequently.
At 12:50am police seized the clothing Ms Graham was wearing. Shortly afterwards, police provided Ms Graham with a drink of water. She took a sip and screamed: “What is this? You are poisoning me!” as she moved around and shouted aggressively in her cell.
At 1:15am, Ms Graham was conveyed to Muswellbrook Hospital for a mental health assessment by a doctor. She was then conveyed to the Calvary Mater Hospital where she was scheduled and admitted to the secure Psychiatric Emergency Care Unit until her discharge into police custody on 8 November 2023.
The Agreed Facts also include various matters noted in the medical records of Calvary Mater Hospital where Ms Graham was assessed and treated over the nine days following her arrest. In the discharge summary the following is noted about Ms Graham’s presentation, observing that she was:
“… highly disorganised in speech and behaviour … erratic and illogical in thought form, with some bizarre and unprovoked thought content, stated that she was a police officer, and could not recall events leading to presentation. She admitted to injecting 1 point of ICE yesterday morning. On examination, she was restless with psychomotor agitation, had random eye contact and gaze, poorly articulated speech, a hoarse voice and appeared perplexed and distracted. She was seen to respond to unseen stimuli. She was oriented to place, time, year and month. Nil insight and impaired judgement. Collateral history revealed that [the Accused] has demonstrated paranoia and persecutory delusions regarding people being after her, over a period of several months preceding this presentation”.
There was a record of substance use including regular THC, a 4-litre cask of wine per week and weekly ICE use, usually one point. Her blood tested positive for THC, amphetamines and methamphetamines. Her social history was recorded as homeless since the beginning of the year, but there was no reference to recently staying with Ms Folpp.
Ms Graham was placed on seclusion in the mental health unit due to being thought to be a high risk to others. She was given an antipsychotic, Olanzapine, with good effect and her thought form improved. She denied any incidents of aggression and remained mildly thought disordered. She said that everyone “including Jesus” could see out her eyes, but she was not distressed by this. She was paranoid with persecutory delusions. She was aware that police wanted to charge her, but she “did not know the full details”. She tried to strike a staff member thinking that person was police. She was given loading doses of Acuphase, a short acting injectable antipsychotic. She was discharged on slow release Acuphase (Clopixol) and at discharge was dressed neatly, was pleasant, polite and cooperative with reactive affect, and her thought disorder and delusions had eased.
The conclusion noted in the discharge summary was: mental and behavioural disorder due to ICE and cannabis use, but that follow up was required to assess whether Ms Graham had “a chronic psychotic disorder such as schizophrenia”.
Dr Furst, psychiatrist, reviewed Ms Graham on 2 September 2024 by AVL from Silverwater Correctional Centre. He had been provided with the Crown Case Statement, (which is in most respects the same as the Agreed Facts tendered at this hearing), various witness statements, the medical records of Muswellbrook and Calvary Mater Hospitals, Justice Health records and various videos of Ms Graham’s bizarre behaviour between 27 and 31 October 2023, taken in the form of phone footage or body worn video by police, showing, as noted by Dr Furst, her “nonsensical ramblings”. Dr Furst took a history from Ms Graham which included that she had started to feel unwell and “not herself” from 2022. He reviewed police COPs entries that indicated that Ms Graham had come to police attention for erratic behaviour, incoherent whispering and rambling, bizarre, paranoid and somatic delusions and outlandish and delusional statements. She had been caring for her 12-year-old son in early 2023 and sent him to live with his father as she became more unwell and was evicted from her house because of unpaid rent. Dr Furst noted the family history of mental illness. Ms Graham outlined her drug and alcohol use to him and her experiences of delusions such as “seeing spirits”. Significantly, Dr Furst noted that Ms Graham was in fact using ICE in an attempt to cope with her psychotic experiences and delusional thinking.
Ms Graham told Dr Furst that she does not remember what happened with “Dee” (Ms Folpp) and that her last memory of her was speaking to her about meeting Jon Bon Jovi.
By the time of that assessment by Dr Furst in September 2024, Ms Graham was on daily Avanza, an anti-depressant, and monthly injections of Abilify, an antipsychotic.
Dr Furst provided an overview of the briefed material, including that Ms Graham had demonstrated a good response to the antipsychotics she had been prescribed on and from 31 October 2023. He also summarised key entries in the Justice Health records between November 2023 and April 2024 which included some ongoing reports of still “seeing spirits”, and some possible auditory hallucinations occurring, well after cessation of her illicit drug use since being taken into custody on 30 October 2023.
Dr Furst diagnosed schizophrenia and substance use disorder. He based the diagnosis of schizophrenia on the persistent and recurrent nature of her psychotic symptoms, both when using drugs in the community, and when she stopped using drugs in custody. Her symptoms have included paranoid delusions, auditory hallucinations, visual hallucinations, delusions of reference and somatic delusions, including the belief that a bug had been implanted in her rib cage through her ear last year. He also noted a decline in her psychosocial function over recent years.
Dr Furst described schizophrenia as a chronic and severe mental disorder, characterised by distortions in thinking, perception, emotions, language, sense of self and behaviour. He concluded that Ms Graham was suffering from a mental health impairment as defined in the Act in that she was acutely psychotic at the time of the offending, and continued to exhibit signs and symptoms of psychosis after her arrest, and that was all indicative of schizophrenic illness.
Professor David Greenberg was retained by the Prosecution in December 2023 and conducted a very thorough review of the material provided, which included the full Prosecution brief of evidence, the Crown Case Statement and Dr Furst’s report. Professor Greenberg remarked that he did not have access to Ms Graham’s Justice Health records which he noted may have been of further assistance. He conducted a thorough interview with Ms Graham, including asking her about the days prior to the offending and her drug use. Professor Greenberg set out in some detail the assessments at the Calvary Mater Hospital, the various observations of Ms Graham in the days leading up to 30 October 2023, the antipsychotic treatment administered after her arrest, and its effects.
Professor Greenberg concluded that Ms Graham had an episode of psychosis at the time of the alleged offences, noting that there are many different psychotic illnesses including drug-induced psychosis, schizophrenia disorder, schizoaffective disorder or psychosis due to a medical condition. He said that he had a clinical dilemma as to whether Ms Graham had either a drug-induced psychosis or a schizophrenic disorder associated with substance use. He concluded that, on balance, Ms Graham has a diagnosis of a late-onset schizophrenia disorder although there is no way of ruling out a drug*-*induced psychosis at the time.
Late in March 2025, Professor Greenberg was provided with Justice Health records and gave a further opinion in which he concluded that this further information still did not exclude the possibility that Ms Graham may have a diagnosis of drug-induced psychosis, but described this as “a differential diagnosis rather than a primary working diagnosis at this time”.
In a further report in August 2026, Professor Greenberg reviewed further Justice Health records covering August 2024 to July 2026. Those records included what he described as occasional “psychotic-like” symptoms. He remained of the view that Ms Graham had a late-onset schizophrenia disorder, then in remission with abstinence and treatment, and a chronic substance use disorder then in remission due to her being in detention.
Dr Furst provided a further report in August 2026, noting that he had updating Justice Health records. He confirmed his previously expressed opinions. He also provided an assessment and opinion as to Ms Graham’s current condition and risks associated with release. He noted that the offending was obviously very violent and very serious, and involved actions that Ms Graham is still unable to explain. He confirmed that he could not support any application for conditional release at this time and that her ongoing rehabilitation and treatment would need to be managed by the Mental Health Review Tribunal and containment at the various forensic hospitals that provide that care.
Section 31 of the Act provides that the Court may enter a special verdict of act proven but not criminally responsible if the defence and Prosecution agree that the evidence in the proceedings establishes a defence of mental health impairment, the defendant is represented by an Australian legal practitioner, and the Court after considering the evidence is satisfied that the defence is so established.
To do that, the Court must analyse and refer to a great deal of information about Ms Graham. This may seem strange to members of the public and those who are close to Ms Folpp, that the mental health and circumstances of Ms Graham feature more prominently in this judgment than things about Ms Folpp, but this is what the Act requires me to do.
The reports of Dr Furst and Professor Greenberg were learned and thoughtful analyses of the evidence, the diagnostic issues, and the relevant legal tests. There is no rational or logical reason why I should not act on what is essentially a joint opinion of the two psychiatrists in respect of the availability of the mental illness defence.
First and foremost, they both diagnosed Ms Graham as suffering at the relevant time a psychotic disorder that qualified as a mental health impairment under s 4 of the Act. The distinction between them is that Professor Greenberg identified a “clinical dilemma” in that he could not exclude substance use disorder as a cause of the mental health impairment.
This however is not a problem for my conclusion because s 4(3) of the Act provides that a mental health impairment for the purposes of the Act is excluded only if the impairment is caused solely by substance use disorder, or solely by the temporary effect of ingesting a substance. Professor Greenberg did not doubt that there was in operation at the time of the offending, what he described as “late-onset schizophrenia disorder” separately and in addition to substance use disorder.
I have carefully considered the Agreed Facts. I have taken into account the helpful submissions of counsel. There was no history of animosity between Ms Graham and Ms Folpp. There was evidence of signs of declining mental health in Ms Graham, and increasingly bizarre behaviour that had come to the attention of members of the public and police. I accept the conclusion of Professor Greenberg that the state in which Ms Folpp’s body was found suggests the degree of Ms Graham’s psychotic disturbance at the time. I accept Dr Furst’s assessment that the evidence indicates Ms Graham:
“… was experiencing auditory hallucinations, paranoid illusions and was thought disordered at the time… making it highly likely that she was also driven by psychotic symptoms associated with irrational thinking and associated disorganised and aggressive behaviour to kill her friend. Therefore Ms Graham had impairment in her ability to reason about the wrongfulness of her alleged actions with a moderate degree of sense and composure because of her acute psychosis i.e. about whether the alleged act, as perceived by reasonable people was wrong, because she was psychotic and was delusional in her thinking”.
I have taken into account the presumption in s 28(3) of the Act that Ms Graham does not suffer from a mental health impairment unless that presumption is rebutted, on the balance of probabilities, by evidence. I have outlined that evidence that clearly rebuts that presumption.
I am satisfied on the balance of probabilities that at the time she did the acts causing Ms Folpp’s death, Jo-Ann Graham was suffering from a mental health impairment, probably late-onset schizophrenia disorder and chronic substance use disorder, (as Professor Greenberg put it) or, as stated by Dr Furst, schizophrenia and alcohol/substance use disorder. I am satisfied that this mental health impairment meant that Ms Graham “did not know that the act was wrong, that is she could not reason with a moderate degree of sense and composure about whether the act, as perceived by reasonable people, was wrong”.
Accordingly, there will be a special verdict pursuant to Part 3 of the Act.
“In October 2023 my sister offered the accused a bed for a few nights… This good deed resulted in my sister experiencing a slow and horrifying death…”
Ms Reed described her sister’s unimaginable fear and inability to defend herself as a thought that causes Ms Reed daily heartache which will remain with her for life.
A more detailed and involved impact statement was provided by Ms Folpp’s daughter, Jovanna. She is a brave young woman suffering terribly with the complicated nature of her grief because her relationship with her mother was very troubled, unhappy and unresolved. As I noted at the time it was delivered, hers was a courageous and remarkably articulate statement of intensely complex and deeply personal emotions. I cannot make the circumstances of her mother Diedre’s death less painful or less confusing or less confronting. I can however bear witness to that pain and confusion and so I do that now. I acknowledge the loss of Diedre and the terrible way she died, and I offer my condolences, to the extent that provides any comfort, to Diedre’s family and friends.
The parties have agreed on the consequential orders that I should make. I make the following orders:
For the murder of Diedre Anne Folpp in October 2023, a special verdict pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) of “act proven but not criminally responsible” is entered.
Pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Jo-Ann Graham is to be detained in a correctional facility or at such other place as may be determined from time to time by the Mental Health Review Tribunal.
The Registrar of the Supreme Court is to notify the Mental Health Review Tribunal of the verdict and these orders within 7 days.
The Registrar of the Supreme Court is to provide to the Mental Health Review Tribunal a copy of these orders, my reasons for judgment and the exhibits within 7 days.
The Registrar of the Supreme Court is to notify Justice Health and the Forensic Mental Health Network of the making of these orders and is to provide a copy of my reasons for judgment, the orders and exhibits within 7 days.
The following charges are withdrawn:
(i) Intimidation (H79570431). (ii) Damage property (H79570431).
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* Coversheet: Date of Orders amended to 24 and 26 August 2026. * Par 9, line 2: the word "recorded" added before "by medical staff". * Heading inserted between pars 12 and 13: "Events of 24 to 30 October 2023" to add context to the narrative. * At the end of par 81: the words "separately and in addition to substance use disorder" are added.
R
Graham