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ABC News
ABC News
National
court reporter Kristian Silva

Rebecca Payne faces pre-sentence hearing for murdering her husband with drug-laced biscuits at Walpeup

Noel Payne died at Walpeup in Victoria's north-west in September, 2020. (Supplied: Facebook)

A woman who murdered her abusive husband by feeding him drug-laced biscuits deserves to be shown mercy because he committed "unspeakable acts of family violence", her lawyer has told the Supreme Court.

Lawyers for Rebecca Payne say she was physically assaulted and emotionally controlled for years by her husband Noel, who forced her to tattoo his name all over her body.

They said another woman who lived at the Paynes' property in Walpeup, in north-west Victoria, was also subjected to similar abuse.

The court heard in 2020, Rebecca Payne drugged her husband and caused his death when she spiked lemon-flavoured biscuits with temazepam.

She then covered up the killing, stuffing his body in a freezer.

Rebecca Payne was found guilty of murder by a jury. (Supplied: Facebook)

Rebecca Payne was found guilty of murder by a jury earlier this year, and on Monday her lawyer Richard Edney told the Supreme Court it was a "unique and exceptional case" that required mercy to be shown by the sentencing judge.

In a victim impact statement read out to the court, the other woman who lived with the Paynes described how Mr Payne forced her into non-consensual sex, controlled her money, and "whacked her in the face".

The woman, who can't be identified for legal reasons, said her life was "better" now that Mr Payne was dead.

"I hate both Bec and Noel for what they did to me," she said.

Rebecca Payne's adult son Jamie was one of the people who provided a character reference on her behalf, and she was also backed by others in Walpeup who have given media interviews in recent months.

In Walpeup on Monday, Jamie said he had received strong community support, including from people who contributed to a fundraiser for his siblings.

"She wouldn't have done what she did if it wasn't for her kids as well as her own safety," he said.

"I just hope they go easy on her and just be lenient for what she's been through."

Despite her looming jail sentence for murder, some residents in Walpeup were sticking by Rebecca Payne.

"Bec is a really good person and she really didn't deserve everything that happened to her in life," neighbour Rhonda McGee said.

Another neighbour, John Lovitt, was visibly upset when discussing the case.

"She's the victim, not the perpetrator," he said.

"We don't know what we can do to help her."

Mr Payne's sister-in-law Joy Hann and niece Margaret Hann painted a different picture of the deceased, saying he was a good man and that Rebecca Payne's actions had "ripped apart" their family.

"Not a day goes by when I don't miss my uncle," Ms Hann said.

"No-one deserves to be treated as if their life is disposable."

Lawyer paints picture of man's 'perverted' moral universe

Mr Edney described Mr Payne as a rapist who perpetrated "unspeakable acts of family violence behind closed doors".

"Noel Payne, the deceased, created in this west Victorian town of Walpeup, a perverted and disturbing moral universe, where he treated the women in that house as mere objects and chattels for his own pleasure," Mr Edney said.

"Rebecca had in fact 18 tattoos of this man's name in all parts of her body."

The case is being heard in the Supreme Court of Victoria. (ABC News: Karen Percy)

Prosecutor David Glynn conceded Mr Payne was violent towards Rebecca Payne — including an occasion when he beat her along a dirt road — but rejected suggestions she was trapped in the relationship.

"She had a car, she had a phone, she had $9,000. She knew she could leave Noel Payne because she had left him two times before," Mr Glynn said.

"This is not a woman who was helpless and unable to act. What she did required a significant level of planning, thought and determination.

"This is not self-defence … you can't solve your problems by committing murder."

Justice Rita Incerti will sentence Rebecca Payne at a later date.

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