Director of Public Prosecutions v Markov

[2024] VCC 1067

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-00476

DIRECTOR OF PUBLIC PROSECUTIONS

v

SARAH MARKOV

---

JUDGE:	Her Honour Judge Hawkins
WHERE HELD:	Melbourne
DATE OF HEARING:	9 July 2024
DATE OF SENTENCE:	19 July 2024
CASE MAY BE CITED AS:	DPP v Markov
MEDIUM NEUTRAL CITATION:	[2024] VCC 1067

AMENDED REASONS FOR SENTENCE
---

Subject:Criminal Law - SENTENCING

Catchwords:              CMIA – Kidnapping – Accused found not guilty by reason of mental impairment – Schizophrenia – Accused liable to supervision

Legislation Cited:      Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA), s20, s26(2)(b), s27(2), s 40(1), s 41, s47,

Sentence:                  Total effective sentence of a Non-Custodial Supervision Order with a nominal term of 12 ½ years

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Stephen Devlin	Office of Public Prosecutions
For the Accused	Jonathan Barrera	Geelong Lawyers, Barristers and Solicitors

HER HONOUR:

1Sarah Markov, on 4 March 2024, I found you not guilty by reason of mental impairment of two counts of kidnapping and one count of common assault[1]. I will now outline the reasons for making an order which provides conditions for your ongoing supervision and management in the community.

[1]Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA) s.20

Orders

2Having considered the matters outlined in the relevant reports[2], the submissions made by the parties, and the statutory criteria required under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA), I make the following orders:

(a)   Pursuant to s. 26(2)(b) of the CMIA, you be supervised in the form of a Non-Custodial Supervision Order (“NCSO”);

(b)   Sarah Markov, the conditions of your NCSO are:

(i)That you be under the supervision of the Authorised Psychiatrist of the Victorian Institute of Forensic Mental Health (VIFMH) or their delegate.

(ii)That you reside in a location known and approved by the Authorised Psychiatrist of the VIFMH or their delegate;

(iii)That you abide by the lawful directions of the Authorised Psychiatrist of the VIFMH or their delegate;

(iv)That you comply with treatment testing and attend appointments as directed by the Authorised Psychiatrist of the VIFMH or their delegate or nominee.

(v)That you abstain from the abuse of alcohol and from the use of synthetic cannabis and other illicit drugs.

(vi)That you do not leave the State of Victoria without the written permission of the Authorised Psychiatrist of the VIFMH or their delegate.

[2]Report pursuant to s.41 and Certificate of Available Services pursuant to s.47 CMIA.

(c)   That this Order is to take effect as at today’s date;

(d)   That the nominal period of this Order is set at 12 and a half years from today;

(e)   Pursuant to s. 27(2) of the CMIA, Ms Markov, your matter will be brought back for review within 12 months from today’s date.

3The reasons for making the NCSO in those terms follow:

Offending Conduct

4Sarah Markov, the circumstances of your offending are set out in detail in the prosecution opening dated 14 February 2024. The following is a brief summary:

5You did not know your victims, a mother and her two young children, prior to 16 August 2022. On that day you were led to a supermarket by an “aberration of your mind” exacerbated by the effects of methylamphetamine usage.

6You recall having strange experiences on the day and genuinely believed that a child in a pram was at risk of harm caused by dangerous people in the vicinity. You did not know that there was a second child in the pram. You believed that you were operating a security agency and that you were pulling the child away to safety.

7The mother was terrified by your actions and pushed you away from her children. Police were called and a medical assessment found you to be acutely psychotic, experiencing paranoid delusions, and at a high risk of causing harm to others.

Psychiatric evidence

8Forensic psychiatrist Dr Oladipo Sorungbe gave evidence that you were a diagnosed schizophrenic and whilst at the time of the offending you knew the nature and quality of your actions, you could not reason with a moderate degree of sense and composure about whether your conduct as perceived by reasonable people was wrong[3].

[3]Report of 19 July 2023

9Consultant psychiatrist, Dr Sachin Jindal[4] was called on your behalf. He opined that you were most likely suffering from schizophrenia and were experiencing grandiose and persecutory delusions on the day of the incident. He agreed with Dr Sorungbe’s legal conclusion.

[4]Report dated 3 April 2023

Case History

10There was no dispute that the defence of mental impairment was available to you in respect of this offending. Having heard evidence from both doctors I found you not guilty by reason of that defence on 4 March 2024.

Victim’s report

11The adult victim describes the devastating impact that your offending has had on her, and her children’s lives. She has gone from being a confident, extroverted medical professional working in public health to becoming more guarded and wary of people in her life. Your offending has had a significant impact on her personal life and marriage. She is very concerned that you be supervised by the justice system, to ensure that you receive and access an adequate treatment regime, and remain compliant with your treatment plan. I want to reassure her that you will be closely monitored by Forensicare, and your Supervision Order reviewed each year by the Court.

The Reports and Certificates

12Dr Karthik Sheshachala, psychiatry registrar authored a section 41 report dated 10 June 2024, recommending that you be placed on a non-custodial supervision order under the CMIA. He concluded that this would be the least restrictive means of monitoring and supporting your recovery journey in the community. It will provide the necessary supervisory framework to ensure that you continue to receive optimal support for your mental health and AOD support needs; which will reduce your risk of reoffending.

13Dr Karthik Sheshachala conducted a mental state examination and undertook a risk assessment. He assessed your current clinical management risk as moderate but foreshadowed that future problems with risk management maybe high due to:

(a)   Your inadequate medication regime;

(b)   lack of a clear plan for your future drug and alcohol engagement;

(c)   your social network does not include people who are likely to have a positive impact on your efforts to stay free of substance use; and

(d)   the stress you have experienced due to these court proceedings.

14Dr Sheshachala observes that your current medication regime is inadequate and that your antipsychotic medication dose needs to be optimised. This will be a priority in your management. He recommended regular ongoing and active monitoring of your mental state and that you be re-linked with your Barwon Health MHDAS and have case management reinstated.

15He also recommended that your treating and/or supervising team:

(a)   help you to reduce or quit tobacco;

(b)   review your existing safety plan for early warning signs and support you and your mother to understand these;

(c)   explore your anxiety symptoms further to rule out any anxiety disorder/post-traumatic stress disorder;

(d)   obtain regular updates from your GP regarding your physical health, mental state, and blood investigations including a hormonal profile; and

(e)   clarify your cardiac diagnosis as it has implications for the appropriate choice of antipsychotic medications.

16I trust that these recommendations will be pursued under this order.

17The section 47 certificate outlined that:

(a)   you are to receive treatment through your local treating psychiatrist at Barwon Health;

(b)   your progress and mental health will be monitored through a delegate at CFMHS as required by reference to your clinical needs and risk acuity;

(c)   quarterly reports will be obtained from your treating service; and

(d)   your progress and mental health will be reported to the court annually through reports prepared by Forensicare.

The certificate confirms that the facilities and resources necessary for Forensicare to supervise you on a non-custodial supervision order are available.

Statutory Considerations

18I declare pursuant to section 26 CMIA that you be liable to a supervision order.

19Having regard to the statutory considerations set out at section 40 (1) of CMIA I order that you be subject to a non-custodial supervision order with the conditions that I have outlined above.