R v Tatarinova

[2004] NSWSC 676

CITATION:	R v Tatarinova [2004] NSWSC 676
HEARING DATE(S):	30/07/04
JUDGMENT DATE:	30 July 2004
JURISDICTION:	Common Law Division Criminal List
JUDGMENT OF:	Kirby J
DECISION:	Order that Mrs Tatarinova should be detained in the Bunya Forensic Unit at the Cumberland Hospital, or such other place as may be determined by the Mental Health Review Tribunal, until released by due process of law.
CATCHWORDS:	Criminal trial - Judge alone - murder - mental illness - defect of reason - M'Naghten's case - special verdict - s38 Mental Health (Criminal Procedure) Act 1990
LEGISLATION CITED:	Mental Health (Criminal Procedure) Act 1990 Crimes Act 1900
CASES CITED:	M'Naghten's case (1843) 10 Cl & Fin 200 [8 ER 718]
PARTIES :	Regina Irena Tatarinova
FILE NUMBER(S):	SC 70109/03
COUNSEL:	W Dawe QC (Crown) J Stratton SC (Acc)
SOLICITORS:	J Zafiropoulos - DPP (Crown) V Havryliv - Ford Gaitanis Lawyers (Acc)

- 1 -

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

KIRKBY J

Friday 30 July 2004

70109/03 REGINA v Irina TATARINOVA

JUDGMENT

1 KIRBY J: Irina Tatarinova stands charged with having, on 16 August 2003, at Penshurst in the State of New South Wales, murdered her daughter, Alexandra Tatarinova. Alexandra was then 14 years old.

2 Mrs Tatarinova has pleaded not guilty. She has raised the defence of mental illness. She has, with the consent of the Crown, elected to be tried by a Judge sitting without a jury.

The offence.

3 Mrs Tatarinova was born in St Petersburg, Russia, on 8 June 1966. She is 38 years old. She married in 1985. Her husband also came from St Petersburg. Their child, Alexandra, was born on 28 November 1988. The marriage, however, came to an end in 1994. She and her husband divorced. He then left Russia and came to Australia. He is a permanent resident.

4 However, in 2000, Mr Tatarinov returned to Russia. He resumed his relationship with his former wife. They remarried. He then returned to Australia. His wife applied for a visa so that she and her daughter could join her husband.

5 However there was some delay in obtaining their visas. In December 2002 the accused experienced a bout of depression. She had difficulty sleeping. She began to have dreams about family members wearing black. However, she did not at that time receive psychiatric help.

6 On 16 January 2003 the documentation allowing the accused and her daughter to rejoin her husband came through. The depression lifted. She and her daughter arrived in Australia on 18 February 2003. They moved into a flat at Penshurst. Alexandra enrolled at the local high school. The accused began a course in English at a local TAFE College.

7 However, in July 2003 the accused was again plagued by feelings of depression. She found difficulty sleeping. She lost her appetite. She began losing weight. She had no energy. She began once more to experience nightmares. She said to the police that she had dreams "so horrible that I feel like my heart breaks into pieces in the dream". Socially, she withdrew.

8 About four or five days before the incident, Mrs Tatarinova suffered an acute panic attack. An ambulance was called. She was examined by the ambulance officers. They could find nothing physically wrong with her. They recommended that she consult a Russian speaking doctor.

9 On Tuesday 12 August 2003 Mrs Tatarinova saw Dr Aristoff, who spoke Russian. She explained her difficulties. He prescribed a low dose of an anti-depressant medication, Allegron.

10 At about this time, or shortly after, Mrs Tatarinova began experiencing hallucinations of voices that she took to be the voice of God. The voices became more insistent, increasing in frequency and intensity. She asked her husband to take her to the Russian Orthodox Church at Strathfield, although neither she nor her husband ordinarily attended church. She said that she had an uncontrollable fear that she could not explain. She saw images of her daughter with a black circle around her head, which she interpreted as an indication that she had been taken over by an evil spirit. Something came into her head which told her that if she killed her daughter she may be able to save her. She would then become an angel. She believed she had no choice. She loved her daughter whom she regarded as her best friend. When she acted, she simply wanted it to be over quickly so that her daughter would not suffer. At approximately 4.30 am on Saturday 16 August 2003 Mrs Tatarinova inflicted a single stab wound to her daughter's chest from which she died almost at once.

11 The police and ambulance arrived at the premises within minutes. They observed the accused lying in the loungeroom in a semi-foetal position. Due to concerns about her mental condition she was taken to the St George Hospital. Blood analysis revealed the anti-depression medication in her bloodstream, but nothing else.

12 Mrs Tatarinova was transferred to the psychiatric ward for women at Long Bay Hospital. She came under the care of Dr Giuffrida. Dr Giuffrida described her as "profoundly depressed". She was almost mute, with no spontaneous expression, even when an interpreter was present. I have seen the video of the police procedures, performed shortly after the incident, where Mrs Tatarinova presents in the way described by her psychiatrist. She continued to receive treatment and was ultimately transferred to The Bunya Forensic Unit at the Cumberland Hospital.

13 None of these tragic facts can be doubted. Each is corroborated by her husband, by neighbours and by persons to whom her daughter spoke about her mother's developing illness.

The issue.

14 The only issue is whether the accused was mentally ill at the time of the killing, so as not to be responsible in law for the murder of her daughter (s38 Mental Health (Criminal Procedure) Act 1990). The onus is upon the accused to establish, as a matter of probability, that at the time of the commission of the offence she was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of her act; or, if she did know, not to know that what she was doing was wrong (M'Naghten's case (1843) 10 Cl & Fin 200 [8 ER 718]).

The medical evidence.

15 On that issue there can be no doubt. The accused has been examined by four forensic psychiatrists. Each is experienced. Each has provided a report. All agree that Mrs Tatarinova meets this test. She was, at the time that she killed her daughter, labouring under such a defect of reason, from a disease of the mind, that she did not know that what she was doing was wrong. She suffered from a major depressive illness with symptoms of psychosis. Her treating psychiatrist, Dr Giuffrida, said this:

"I am of the opinion that Mrs Tatarinova has available to her a mental illness defence and at the time of commission of the offence was mentally ill as defined by the McNaughton rules. She certainly suffered from a diagnosable disease of the mind, namely a profound depressive illness associated with intense and overwhelming delusional beliefs and visual illusions and auditory hallucinations. Her delusional convictions caused an equally profound defect of reason, such as she did not have the capacity to know that what she was doing was morally wrong."

16 Dr Olav Nielssen, engaged by the Crown, expressed a similar view. His opinion was stated in these terms:

"Ms Tatarinova has a severe mental illness that during its acute phase caused her to experience hallucinations of a voice she took to be the voice of God accompanied by the delusional belief that she had to kill her daughter. The illness developed rapidly, as she reported symptoms of depression for only a month before her daughter's death and the acute onset of hallucinations in the preceding four days.
Ms Tatarinova has responded to treatment with a combination of relatively large doses of antidepressants and antipsychotic medication. She was assessed to be fit to plead and fit for trial.
I believe Ms Tatarinova has the defence of mental illness open to her, as she killed her daughter as a result of a defect of reason in the form of a delusional belief, arising from a psychotic illness that is recognised in law to be a disease of the mind. She was aware of the nature and quality of her actions in the sense that she deliberately stabbed her daughter in the heart so that she would die as quickly as possible, but did not realise that what she was doing was wrong as she believed she was acting on instructions from God. The effect of commanding hallucinations prevented her from reasoning with any composure about the possible consequences of her actions.
A psychotic illness is also an underlying condition within the meaning of section 23(A) of the Crimes Act, as amended. Ms Tatarinova's illness would have substantially affected her perception of events, her ability to judge right from wrong and also her capacity to control her actions.
Ms Tatarinova requires long-term treatment with antipsychotic and antidepressant medication under the supervision of a psychiatrist."

17 Dr Westmore, who examined Mrs Tatarinova on 19 March 2004, expressed the following view:

"I believe Ms Tatarinova was suffering from a major depressive illness with psychotic symptoms and that at the time she killed her daughter she was totally deprived of her capacity to know that she ought not do the act. It is likely she was acting on delusional beliefs."

18 Dr Allnutt, who saw Mrs Tatarinova on 11 and 24 November, concluded:

"I believe that on balance, it would be reasonable to conclude that in the period of time just prior to, during and just after the alleged offence occurred [Mrs Tatarinova's] capacity to contemplate wrongfulness was severely comprised due to a disease of the mind."

19 I accept this evidence.

20 I therefore find that Mrs Tatarinova was not guilty of murder by reason of mental illness.

Order.

21 I order that Mrs Tatarinova should be detained in the Bunya Forensic Unit at the Cumberland Hospital, or such other place as may be determined by the Mental Health Review Tribunal, until released by due process of law.

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Last Modified: 08/03/2004