November 20th 2024.
A woman named Rebecca Payne, aged 45, was convicted of the murder of her abusive husband Noel in their home in Walpeup, near Mildura, Victoria in 2023. She was sentenced to 16 years in prison after being found guilty. However, after successfully appealing her sentence, she may now be released in just over three years.
The tragic incident occurred on September 1, 2020, when Payne fed her 68-year-old husband biscuits laced with crushed sleeping pills. Once he passed out, she wrapped him in a blanket, secured it with duct tape, and placed him in a chest freezer in their backyard. His body was discovered three days later when Payne asked a neighbor to take care of the freezer, claiming it was broken and filled with spoiled meat.
After a three-week trial in Mildura, Payne was found guilty of murder by a Supreme Court jury in March 2023. The presiding judge, Justice Rita Incerti, showed mercy towards Payne, acknowledging the decade of abuse she had endured at the hands of her husband. The abuse included forcing her to tattoo his name on her body, not allowing her to shower alone, controlling her weight and finances, and even preventing her from attending her own son's funeral.
Justice Incerti sentenced Payne to a maximum of 16 years in prison, with the possibility of parole after 10 years. However, Payne's lawyers appealed her sentence, claiming it was too harsh. The Victorian Court of Appeal, consisting of Justices Stephen McLeish, Stephen Kaye, and Terence Forrest, agreed with the appeal and re-sentenced her to 10 years in prison with a non-parole period of seven years.
The justices recognized the decade of emotional and physical torment that Payne had endured, which had seemingly escalated over time. They also noted that she had already lost her thirties to this abuse and now faces losing her forties and more due to the offense she committed. This is especially difficult for Payne as she will also be separated from her children.
The justices found that the circumstances of the case were "wholly exceptional" and reduced Payne's moral culpability, warranting a more merciful sentence. They also took into account her excellent prospects of rehabilitation, which led them to re-sentence her to a lighter jail term. Payne had also attempted to challenge her murder conviction, but the appeal was rejected.
Having already served more than four years in prison, Payne will now be eligible for parole in approximately three years. If you or someone you know is affected by sexual assault, domestic or family violence, please call 1800RESPECT (1800 737 732) or visit 1800RESPECT.org.au. In case of an emergency, please call 000. For support and information regarding suicide prevention, you can contact Lifeline on 13 11 14.
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