R v Tatarinova [2004] NSWSC 676

R v Tatarinova [2004] NSWSC 676

The unchallenged psychiatric evidence from four forensic psychiatrists established that, when Mrs Tatarinova killed her daughter, she suffered from a major depressive illness with psychotic symptoms and, because of delusional beliefs and hallucinations, did not know that what she was doing was wrong. The mental illness defence was therefore made out, and she was not guilty of murder by reason of mental illness.

Jurisdiction
Australia
Judgment Date
30 July 2004
Procedural Posture
Criminal Trial for Murder / Judge Alone Trial; Special Verdict on Defence of Mental Illness
Outcome
Accused found not guilty of murder by reason of mental illness.
Legal Topics
['murder' 'mental Illness Defence' 'defect of Reason' "m'naghten Rules" 'special Verdict' 'judge Alone Trial']
['criminal Law' 'mental Health Law'] ['murder' 'mental Illness Defence' 'defect of Reason' "m'naghten Rules" 'special Verdict' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Judge Alone Trial; Special Verdict on Defence of Mental Illness

Legal Issues

  1. 1 ['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 under s38 Mental Health (Criminal Procedure) Act 1990.' 'Whether, at the time of the offence, the accused 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 not to know that what she was doing was wrong.']

Ratio Decidendi

The unchallenged psychiatric evidence from four forensic psychiatrists established that, when Mrs Tatarinova killed her daughter, she suffered from a major depressive illness with psychotic symptoms and, because of delusional beliefs and hallucinations, did not know that what she was doing was wrong. The mental illness defence was therefore made out, and she was not guilty of murder by reason of mental illness.

Court Disposition

Accused found not guilty of murder by reason of mental illness.

Orders

  • ['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.']