Deceased
Mr B
Demographics
75y, male
Coroner
State Coroner Judge John Cain
Date of death
2020-12-19
Finding date
2022-04-07
Cause of death
Effects of fire
AI-generated summary
Mr B, aged 75, killed his wife Mrs A by striking her to the head and asphyxiating her with a ligature, then set their house on fire resulting in his own death. Evidence indicates Mr B was experiencing undiagnosed mental health conditions, mood swings, and manic behaviour. The couple faced multiple stressors including health decline, relationship separation, financial disputes, and COVID-19 isolation. While healthcare providers were involved with the couple's medical needs (gastroenterology, general practice), no family violence concerns were identified and no prevention opportunities were apparent in their medical interactions. The coroner noted this case exemplifies homicide-suicide amongst elderly couples with documented premeditation through written letters.
AI-generated summary — refer to original finding for legal purposes. Report an inaccuracy.
Specialties
IN THE CORONERS COURT COR 2020 006878 OF VICTORIA AT MELBOURNE FINDING INTO DEATH WITHOUT INQUEST Form 38 Rule 63(2) Section 67 of the Coroners Act 2008 Findings of: Judge John Cain, State Coroner Deceased: Mr B Date of birth: 27 December 1944 Date of death: 19 December 2020 Cause of death: 1(a) EFFECTS OF FIRE Place of death: 33 Keats Avenue, Kingsbury, Victoria, 3083 Catchwords: Family violence; intimate partner homicide; older couple
On 19 December 2020, Mr B was 75 years old when his body was discovered by emergency services attending at housefire set in his residence. At the time of his death, Mr B lived with his wife, Mrs A whose body was also discovered by emergency services at 33 Keats Avenue, Kingsbury, Victoria. There were no children born out of the relationship between Mr B and Mrs A.
Mr B was born to parents, Mr I and Mrs J on the 27 December 1944. Mr B’s father was born in Australia, whilst his mother was English. Mr B’s parents met in England during World War Two, where his father was with the RAAF, Sunderland Squadron 461 in the Australian Airforce. His mother also worked for the Australian Airforce and the two were married in England in 1943.
Following the war, Mr B and his parents moved from England to Australia where they initially lived in Box Hill. Following this his parents took up an offer from the Government to commence farming in Gippsland.
Mr B left High School in about Year 11 and moved out of home at about the age of eighteen.
From this point in time, Mr B lived in several locations and worked many different jobs in several different fields.
During the 1990’s, Mr B commenced a relationship with Mrs A and they were eventually married in 2000. They lived in Mrs A’s house at Keats Avenue in Kingsbury.
From October 2019 to December 2020, Mr B’s General Practitioner was treating him primarily for persistent diarrhoea, which ultimately led to a diagnosis of diverticular disease and a chronic polyp.
On the 4 December 2020, Mr B had an appointment with a Gastroenterologist who noted that during this appointment Mr B reported recent weight loss, low mood and memory loss. Mr B also indicated he had feelings of guilt, and disassociation from friends, as well as low energy level and feelings of unhappiness.
Mr B’s death was reported to the Coroner’s Court as it fell within the definition of a reportable death in the Coroners Act 2008 (the Act). Reportable deaths include deaths that are unexpected, unnatural or violent or result from accident or injury.
The role of a coroner is to independently investigate reportable deaths to establish, if possible, identity, medical cause of death, and surrounding circumstances. Surrounding circumstances are limited to events which are sufficiently proximate and causally related to the death. The purpose of a coronial investigation is to establish the facts, not to cast blame or determine criminal or civil liability.
Under the Act, coroners also have the important functions of helping to prevent deaths and promoting public health and safety and the administration of justice through the making of comments or recommendations in appropriate cases about any matter connected to the death under investigation.
Victoria Police assigned an officer to be the Coroner’s Investigator for the investigation of Mr B’s death. The Coroner’s Investigator conducted inquiries on my behalf, including taking statements from witnesses – such as family, the forensic pathologist, treating clinicians and investigating officers – and submitted a coronial brief of evidence.
This finding draws on the totality of the coronial investigation into the death of Mr B including evidence contained in the coronial brief. Whilst I have reviewed all the material, I will only refer to that which is directly relevant to my findings or necessary for narrative clarity. In the coronial jurisdiction, facts must be established on the balance of probabilities.1
MATTERS IN RELATION TO WHICH A FINDING MUST, IF POSSIBLE, BE MADE Circumstances in which the death occurred
1 Subject to the principles enunciated in Briginshaw v Briginshaw (1938) 60 CLR 336. The effect of this and similar authorities is that coroners should not make adverse findings against, or comments about, individuals unless the evidence provides a comfortable level of satisfaction as to those matters taking into account the consequences of such findings or comments.
Police and Fire investigators were unable to determine the exact time that Mrs A was killed, however it is believed that between the time that Mrs A arrived home from her last day of work on the 18 December 2020 and 3.22am on the 19 December 2020, Mr B struck Mrs A to the head before tying a ligature around her neck subsequently killing her.2 It is most likely that this fatal assault has occurred once Mrs A has prepared to retire for evening. This can be evidenced as Mrs A was located deceased in her nightwear.3
At approximately 10:33PM on the 18th of December 2020, Mr B drove his car out of the driveway of the Kingsbury address, before parking in front of Mrs A’s car on the street outside 35 Keats Avenue, Kingsbury.4 At 10:34PM, Mr B exited the vehicle, before locking it with the keypad and walking back towards the Kingsbury address.5
It is believed that prior to the fire being ignited, Mr B attended his garage, where he obtained containers of kerosene and petrol and commenced pouring these accelerants around the inside of the house, particularly in the hallway and within their main bedroom where Mrs A laid deceased.6 It is further believed that Mr B then continued to prepare to set the house on fire by leaving the front door ajar and propping open the rear door with the container of kerosene.7
At approximately 3:18AM, Mr B is visible on CCTV to exit the front door of the Kingsbury address igniting what appears to be a stove lighter.8 Mr B walked around the front of the house out of sight. A short time later he re-appeared with what appeared to be the stove lighter still ignited before re-entering the house.9
At 3:22AM, a bright explosion occurs inside the Kingsbury address as the fire is lit from within.10 CCTV footage provided to the Court indicates that no one is observed leaving the house following the commencement of the fire until Fire Rescue Victoria members arrive.11 There are no other persons or vehicles observed leading up to or following the commencement of the fire.
2 Coronial Brief, Statement of Detective Acting Sergeant Daniel Basile dated 8 March 2021, 175-177; Statement of Forensic Officer John Desmond Kelleher dated 4 January 2021, 156 3 Ibid 4 Coronial Brief, Exhibit 2 – CCTV footage provided to the Court 5 Ibid 6 Coronial Brief, Statement of Detective Acting Sergeant Daniel Basile dated 8 March 2021, 176 7 Ibid 8 Coronial Brief, Exhibit 2 – CCTV footage provided to the Court 9 Ibid 10 Ibid 11 Ibid
At approximately 3:25AM, a neighbour was walking along Keats Avenue when he heard a smoke alarm and noticed smoke coming from the Kingsbury address. After pausing briefly, the neighbour realised a fire was occurring and ran home to obtain a charger so he could call triple zero.12
At approximately 3:35AM, Fire Rescue Victoria attended the Kingsbury address.13 Firefighters approached the front door of the house and noticed the front security door and front wooden door were both left ajar.14
Firefighters began extinguishing the fire in front of them and to the left of the hallway. Once inside the house, firefighters inspected the second room to the right of the hallway and observed two bodies lying on the bed.15
Other firefighters in attendance approached the rear door of the house. They observed that the security door was unlocked, and the wooden door was propped open with a metal fuel can.16
After a short while, the scene was attended by multiple members of Victoria Police. Due to the serious nature of the incident a crime scene was established awaiting specialist examiners to attend and forensically examine the scene. Both Mr B and Mrs A were confirmed deceased onsite.17 Identity of the deceased
On 20 December 2020, Mr B, born 27 December 1944, was identified via fingerprint identification.
Medical cause of death
12 Ibid 13 Ibid 14 Coronial Brief, Statement of Firefighter Benjamin De Bondt undated, 55-56 15 Ibid, 57 16 Ibid, 59-60 17 Coronial Brief, Statement of Firefighter Glen Walton dated 19 December 2020, 46-47
Pulmonary oedema was prominent in the upper airways.
Toxicological analysis of post-mortem samples identified the presence of carboxyhaemoglobin and hydrogen cyanide which are gases produced from the combustion of organic fuels and likely due to gases produced during the fire set by Mr B.
Dr Baber provided an opinion that the medical cause of death was 1 (a) EFFECTS OF FIRE.
FURTHER INVESTIGATIONS AND CPU REVIEW Fire and criminal investigations
This case resulted in a significant criminal investigation was undertaken by Detective Senior Constable Edwards of the Reservoir Family Violence Investigation Unit. Victoria Police Fire and Explosion Unit Forensic Officers John Kelleher and Nicole Bond handled the fire aspect of the investigation.
The fire investigators noted the following about the scene:18 a) Stove lighter determined to be likely source of ignition for the fire was located on the bed next to Mr B’ hand/face.
b) There were no signs of forced entry to the house.
c) Both bodies of Mr B and Mrs A were found on the bed, Mrs A had visible signs of a head injury and a ligature tied around her neck.
d) Front and back doors were left open which is likely to have assisted with airflow to the house during the fire. The rear door was propped open with a container of kerosene.
18 Coronial Brief, Statement of Forensic Officer John Desmond Kelleher dated 4 January 2021, 151-156; Exhibit 34 – Fire Rescue Victoria ‘Fatal Fire Investigation Report’, 310-315
e) Signed letters left by Mr B addressed to Mrs A (dated 10 December 2020) and a close friend (dated 11 December 2020): i. Letter to Mrs A - Mr B includes his reasons for committing suicide. He also indicated his proposed method would be by either hanging himself or burning the house down with both of them in it, which indicated premeditation.
ii. Letter to a close friend – Mr B indicated he intended to do this following the end of the school year. This incident occurred in the early morning after the school term finished for Mrs A, which again indicates premeditation.
iii. Mr B’ signatures on both letters are an extremely good likeness for the signature he previously provided on his marriage certificate.
f) A document dated 26th of November 2020 and titled ‘Info for RAE 26/11/2020’ was found in the Kingsbury residence and included details of various bank accounts, email addresses, RACV and password information in relation to his computer. The date of this document correlates with a comment made in his suicide letter to Mrs A. In his suicide letter, Mr B indicates he started contemplating suicide on the 27th of November 2020.
g) The main fires were concentrated in the hallway outside the bedroom and within the bedroom itself where the couple were located.
h) Accelerant used to assist with starting the fire was determined to be petrol and kerosene.
Both of which were located on scene.
i) CCTV footage from a neighbouring property on Keats Avenue, Kingsbury shows Mr B minutes before the fire with what appears to be a stove lighter in his hand. Leading up to and following the fire, no other persons or vehicles are observed attending or leaving the address. The footage appears to depict Mr B not wearing pants which is consistent with how he was ultimately located.
j) Dash camera footage from Mr B’ vehicle, showing him moving his vehicle out of the driveway and onto the street outside 35 Keats Avenue, Kingsbury at 10:33PM on the 18th of December 2020. This would appear to have protected his vehicle from the subsequent fire.
k) House and car keys were left in the letter box of the Kingsbury address, which would indicate Mr B keeping the keys safe and away from the fire.
Inspection of the Kingsbury address and subsequent investigation lead criminal investigators to conclude that Mr B initially struck Mrs A causing a head injury (skull fracture) as referenced by Forensic Pathologist, Dr Baber. It appears that Mr B then used a ligature which he tied around the neck of Mrs A causing her subsequent death.19
It is then believed that Mr B began preparing to set the house on fire in order to cause his own death.20 Mr B attended the rear shed where he obtained containers of petrol and kerosene and concentrated their use in the hallway outside Mrs A’s bedroom and within the bedroom itself.
Mr B then obtained the stove lighter and set the house on fire. Once the fire ignited, Mr B went and laid on the bed next to the already deceased Mrs A. Mr B left the stove lighter next to him and the resultant fire ultimately caused his death.
Victoria Police Fire Forensic Officer John Kelleher in his conclusion determined that the: ‘cause of the fire was the ignition of combustible material in the second bedroom and in the hallway, assisted by the presence of both petrol and kerosene around the bed and across the top of the bed. This fire may have spread into the hallway through ignition of the cardboard flooring boxes by radiant heat, but it is possible that material in the hallway was ignited separately.21
In relation to ‘sources of ignition’, Forensic Officer John Kelleher states that: “There were no appliances likely to ignite a fire in the bedroom or in the hallway. There was no evidence of smoking in the house. The obvious source of ignition was the stove lighter on the bed. No other ignition sources were identified in the vicinity. Whilst there were light switches and appliances elsewhere in the house, the mixture of petrol and kerosene is less volatile than petrol alone, and these are unlikely to be ignition sources.”22 Family violence investigation
The unexpected, unnatural and violent death of a person is a devastating event. Violence perpetrated by an intimate partner is particularly shocking, given that all persons have a right to safety, respect and trust in their most intimate relationships.
19 Coronial Brief, Statement of Detective Senior Constable Steven Willer dated 8 March 2021, 165-169 20 Ibid 21 Coronial Brief, Statement of Forensic Officer John Desmond Kelleher dated 4 January 2021, 156 22 Ibid
For the purposes of the Family Violence Protection Act 2008, the relationship between Mr B and Mrs A was one that fell within the definition of ‘spouse’23 under that Act. Moreover, Mr B’s actions in fatally assaulting Mrs A constitutes ‘family violence’.24
In light of Mr B’s death occurring under circumstances of family violence, I requested that the Coroners’ Prevention Unit (CPU)25 examine the circumstances of Mr B’s death as part of the Victorian Systemic Review of Family Violence Deaths (VSRFVD).26
The available evidence suggests that Mr B’ exhibited behaviours that aligned with more traditional gender roles and beliefs of their generation. There was no evidence however to suggest that there were concerns of family violence between the couple in the lead up to the fatal incident.
At the time of Mr B’s death, the services that were involved with the couple were primarily focused on their health needs and there were no prevention opportunities identified in the provision of these services.
COMMENTS Pursuant to section 67(3) of the Act, I make the following comments connected with the death.
Homicide-suicides in advanced age couples
The available evidence in this case suggests that in the lead up to the fatal incident, Mr B and Mrs A experienced several significant relationship stressors including potential separation, financial disputes, Mr B health and the stress over isolation from the COVID pandemic. Mr B had concerns about his own deteriorating health even though Mrs A was in general good health for her age.27
Research into intimate partner homicide-suicides has identified a unique set of characteristics regarding homicide-suicides amongst elderly couples. Findings indicate that individuals amongst this population have often been married for many decades, may have been suffering 23 Family Violence Protection Act 2008, section 9 24 Family Violence Protection Act 2008, section 8(1)(a) 25 The Coroners Prevention Unit is a specialist service for Coroners established to strengthen their prevention role and provide them with professional assistance on issues pertaining to public health and safety 26 The VSRFVD provides assistance to Victorian Coroners to examine the circumstances in which family violence deaths occur. In addition the VSRFVD collects and analyses information on family violence-related deaths.
Together this information assists with the identification of systemic prevention-focused recommendations aimed at reducing the incidence of family violence in the Victorian Community 27 Coronial Brief, Statement of Dr Rina Melvani dated 2 April 2021, 130
from a significant illness at the time of the fatal incident and may have been experiencing financial problems and/or social isolation.28
Mrs A’s murder, and the subsequent suicide of Mr B, appear to have several characteristics consistent with the category of homicide-suicides amongst aged couples. Mr B and Mrs A were an elderly couple who had been married for many years and both of them had been experiencing declining health in the years and months leading up to the fatal incident.
Both Mr B and Mrs A also suffered from social isolation due to the COVID pandemic lockdown restrictions in Victoria that prevented them from seeing close friends and family members.
Research highlights that in cases such as these, the act of homicide and suicide may be consensually agreed upon, ‘whereby there has been an agreement that this course of action is preferable to living with a debilitating illness or unfavourable living conditions.’29 Police investigations into the death of Mr B and Mrs A, however, found no indication that Mrs A was aware or agreeable to Mr B’ actions.
Mr B was likely to have been suffering from an undiagnosed mental health condition in the lead up to the fatal incident as several close friends and family noted his mood swings, periods of high energy and periodic manic behaviour.30
Mr B and Mrs A both told close friends in the 15 months leading up to the fatal incident that they were contemplating separation. In April or May 2019 Mrs A told a friend that she and Mr B were separating as they ‘did not see eye to eye’.31 A friend of Mr B indicated in a statement that he had been told the couple were planning to separate in August 2020.32
Having considered all the available evidence, I am satisfied that no further investigation is required in this case.
30 Coronial Brief, Various Statements of close friends and family.
31 Coronial brief, Statement of Ms N dated 20 March 2021, 117 32 Coronial brief, Statement of Mr O dated 6 February 2021, 121
a) the identity of the deceased was Mr B, born 27 December 1944; b) the death occurred on 19 December 2020 at 33 Keats Avenue, Kingsbury, Victoria, 3083, from the effects of fire; and c) the death occurred in the circumstances described above.
I convey my sincere condolences to Mr B’s family for their loss.
Pursuant to section 73(1) of the Act, I order that this finding be published on the Coroners Court of Victoria website in accordance with the rules.
I direct that a copy of this finding be provided to the following: Ms K, Senior Next of Kin Mr L, Senior Next of Kin Mr Scott Gan, Austin Health Detective Senior Constable Matthew Edwards, Coroner’s Investigator Signature: ___________________________________ Judge John Cain
STATE CORONER Date: 7 April 2022 NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a death after an investigation. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.
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