The maximum penalty for the crime of murder is life imprisonment. Murder is the most serious offence on the criminal calendar. In sentencing you, I must have regard to the nature and gravity of the offence here committed. Although your actions were unpremeditated and spontaneous, you clearly acted out of anger and, no doubt , alcohol played its part. It was not news to you that your wife wanted a separation, although you may not have wanted one. You went along with the idea of it and, indeed, up until that day, had acted reasonably and somewhat responsibly in working on your marital issues and working towards a trial separation. You had spent that afternoon with your wife convivially enjoying each other's company and, it seems, to a point, discussing the state of your marriage without rancour. Your wife did nothing to provoke you, although you say she must have said something. She was defenceless and must have been taken utterly by surprise by your attack. She was doing no more than lying on the couch in the sanctuary of her own home.
Your explanation that you 'snapped' masks the reality that you acted out of anger when you stabbed your wife not once but twice, and in the face of her cries for you to stop, although I accept that this must have all happened very quickly. Although the marriage had its strains and you had reacted aggressively in the presence of the psychologist, the marriage was not marked by violence, you have no history of violence and you have no prior convictions for violence or, indeed, any other offences, and you are regarded as a person of good character. I accept then that this conduct was totally out of character for you and, apart from 'snapping', as you describe it, is otherwise inexplicable, which only serves to compound the great tragedy of this crime both for Mrs McPhee, her family and, indeed, for you. ...
In sentencing you, I take into account that you have made full and frank admissions, and that you have acknowledged your responsibility for murdering Mrs McPhee effectively from the outset. I take into account your plea of guilty, given at the earliest opportunity, and give you a discount for it. I take into account that a committal was not conducted and that by reason of your plea, you have saved the community the cost of a trial and the witnesses the ordeal of one. I take into account that your plea of guilty has facilitated the course of justice and has effected a timely resolution of the Court process for Mrs McPhee's family. I take into account also that you are a person of good character for whom this behaviour is out of character, that you are hard working and reliable. I take into account that you have no history of violence, you have no prior convictions and no matters since the commission of this offence. I take into account also that you are genuinely remorseful and have expressed your remorse as early as when you were interviewed by the police, and that your plea of guilty is also indicative of that remorse. I take into account also the way in which you have conducted yourself in custody to date and the way in which you have applied yourself to programs designed to assist you. I take into account also that you have the continued support of your parents and your own family, all of which leads the Court to conclude that your prospects for rehabilitation are very favourable indeed. I also take into account your age and that, at the age of 56, you will be serving a sentence of imprisonment, and a very substantial one at that, for the first time, and that, at the age of 56, a significant period of your remaining life will be spent in custody. In short, I take into account all things which go in your favour.[2]