Legal aid ordered for ex-wife killer’s sentence appeal

Publicly funded legal aid was granted to represent a convicted murderer on appeal, despite his argument that his services should not have been provided.

Darren Mark Wake is serving a 26-year prison sentence for stabbing his ex-wife and mother-of-two Rachel Wake to death at her Hobart home on Christmas Day 2021.

Wake, who was sentenced to prison in 2024 and has a non-parole period of 17 years, appealed, arguing that the length of the sentence was clearly excessive.

He stabbed Ms Wake 17 times with a folding knife in a violent attack fueled by anger.

While the couple’s son was inside the house at the time, daughter Romany had parked outside after driving Wake and said she wanted to deliver a gift.

Wake appeared in the Supreme Court of Tasmania on Tuesday via video link from prison.

Tasmanian Legal Aid Commission lawyer Rochelle Mainwaring said Wake’s application for legal aid had no merit, the matter was not complex and it was not in the interests of justice for them to represent him.

He told the court that many applicants who objected to their sentences were self-represented.

Judge Michael Daly ordered Wake to receive legal aid, saying he had the right to a lawyer.

He said it was important that the appellate court’s time was not wasted and that the appeal in such a well-known case was conducted with professionalism and etiquette.

“How can you realistically make these presentations other than for fundraising purposes?” asked Mrs. Mainwaring.

The court was told that an objection regarding the reduced sentence given to Wake would return to the court at a later date.

Wake made admissions to police shortly after the crime, but pleaded not guilty before changing his plea to guilty in December 2023.

Sentencing judge Judge Helen Wood said Ms Wake had the right to resist if Wake tried to enter the house against her will.

Wake blamed his former partner for his deteriorating relationship with his sons. Mrs. Wake had told her that her son did not want to see her.

“(Ms Wake) must have understood at those moments that the intention was to use lethal force,” Judge Wood said.

“He endured it knowing his son was home and his daughter was nearby.”

Nominated for Tasmanian Young Australian of the Year, Romany campaigned for improved domestic violence legislation.

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