Kinky sex killing sentence 'not excessive'

Last updated 14:15 16/08/2012

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A Victorian woman's appeal against her sentence for killing her husband after he constantly demanded kinky sex has been rejected, with a judge calling it "a far cry" from excessive.

South African-born and former New Zealand resident Eileen Mary Creamer, 53, was jailed for 11 years after being found guilty of defensive homicide by a Victorian Supreme Court jury last year.

She bashed her husband David with a South African tribal stick before stabbing him in the abdomen during a fight at their Moe home in February 2008.

Creamer, who was ordered to serve a non-parole period of seven years, was the first woman convicted of the charge of defensive homicide in Victoria.

She argued before the Victorian Court of Appeal that the sentence imposed by Justice Paul Coghlan was manifestly excessive.

Her appeal was dismissed  today by Justices Mark Weinberg, Terry Forrest and Bernard Bongiorno.

Justice Weinberg said the sentencing judge had been entitled to characterise Creamer's offence as a serious example of defensive homicide, falling outside the parameters of murder "only by a narrow margin".

"I should say that, in my opinion, this was a stern sentence," Justice Weinberg said.

"It is, of course, a far cry from that observation to the conclusion that it was manifestly excessive.

"There is no justification, in my opinion, for interfering with this sentence."

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- AAP

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