A Victorian woman who murdered her abusive husband by feeding him temazepam-laced lemon biscuits and stuffing him in a freezer has been sentenced to 16 years' jail with a non-parole period of 10 years.
WARNING: This article contains details that some readers may find distressing.
Payne's sentence is nine years less than the standard sentence for murder, which is 25 years in prison.
Rebecca Payne was 41 at the time she was taken into custody for murdering her 68-year-old spouse, Noel Payne, and leaving his body in a freezer for three days.
His body was found by police in September 2020 in Walpeup, 130 kilometres south of Mildura.
Despite Payne pleading not guilty, a Supreme Court jury found her guilty of murder on March 15, after deliberating for two days.
Describing Mr Payne as a rapist, defence lawyer Richard Edney had requested a merciful sentence on the grounds that the woman had been abused during the marriage.
Justice Rita Incerti noted Payne had endured extensive physical, emotional and sexual abuse during her marriage, which entitled her to a "significant level of mercy".
"You were trapped in an abusive, violent and cruel environment for over a decade," Justice Incerti said to Payne.
"I have given full weight to the serious damage suffered … sentencing you is a difficult task."
Person of 'good character'
Several members of the Walpeup community stood by Payne throughout the case, saying she was a "victim" and a "good person".
Justice Incerti agreed Payne was person of "good character" with an "excellent" chance of rehabilitation.
"You have participated in numerous educational programs since your incarceration," Justice Incerti said to Payne.
"You have voluntarily undergone counselling with the specialist trauma service and completed the Living Free From Violence program.
"You have made significant inroads in your recovery and healing as a victim of family violence."
Despite describing the murder as "low in seriousness" in comparison to other cases, the justice said there was "no legal justification" for the killing of Payne's husband.
She said considerations around the abuse Payne suffered could "only go so far" in minimising her sentence.
History of family violence
Throughout the trial, the court was informed about Mr Payne's history of violence, both directed towards his wife and another sexual partner who resided in their shared household, and who lived with a disability.
Defence lawyers said Payne was physically assaulted and emotionally controlled for years by her husband, who forced her to tattoo his name all over her body.
In a victim impact statement heard by the court, Mr Payne's second sexual partner described how he forced her into non-consensual sex, controlled her money, and "whacked her in the face".
The court rejected the prosecution's previous arguments that Payne had the choice to leave the relationship, and said the woman was "trapped" in the "abhorrent" situation for a decade.
"You were living in intolerable and inescapable circumstances," Justice Incerti said to Payne.
"I reject the prosecution submission that you had options left."
Justice Incerti referred to the videos and photographs tendered into evidence and noted the severity of the abuse Mr Payne inflicted on his wife.
"I reject the prosecution's submission that the videos and photographs of you do not reflect abuse by Mr Payne," she said.
"The abuse was insidious."
Payne served 1,000 days up to and including yesterday in pre-sentence detention.
