An elderly WA businessman (L) has been found guilty of attempting to have his son's ex-wife killed. Source: AAP
A WEALTHY, elderly West Australian businessman has been sentenced to eight years and six months in jail for attempting to have his former daughter-in-law murdered.
Brian Vincent Attwell, 74, was in November found guilty by a jury of the rare offence of attempting to procure the commission of a crime, following a five-day trial in the Albany Justice Complex.
The court heard the accused had asked a truck driver, who approached him desperate for work with his civil contracting company AD Contractors, to kill 50-year-old Michelle Patreena Attwell after becoming frustrated with a protracted, bitter legal dispute between her and his son following the breakdown of their marriage.
The driver informed police, who instructed him to set up a meeting between Attwell and an undercover policeman.
Attwell met the policeman twice at a beach near the woman's home and paid $10,000 in two instalments as a down payment on a $30,000 job, telling the officer to bind her in duct tape, strangle her and bury her in a 30-foot hole dug by an excavator.
During the trial, Attwell argued his comments were "huff and puff", while defence lawyer Tom Percy said his client was "a crotchety old bugger" and "a classic grumpy old man", but he was not homicidal.
On Tuesday, Supreme Court of Western Australia Justice Ralph Simmonds said a term of immediate imprisonment was appropriate for such a serious offence.
"I consider this to be a serious example of a serious offence," Justice Simmonds said.
He ruled that the maximum sentence for the offence was life imprisonment, not 14 years as contended by the defence.
Attwell will be eligible for parole after serving six years and six months in jail.
He spent more than six months in remand, meaning he'll be 80 before he can be considered for release.
Justice Simmonds said aggravating factors included elements of premeditation and planning.
While that was unsophisticated, "there was calculation", Justice Simmonds said.
Another aggravating factor was that Attwell had paid "a not insignificant sum".
Referring to Ms Attwell's victim impact statement, Justice Simmonds said she had suffered continuing trauma from her ordeal, including feeling vulnerable, losing sleep, a disrupted eating pattern, and fears for her children's safety.
The court heard during sentencing submissions on Friday that she had been immensely frightened - not even listening to music so she could hear if someone was approaching her house.
Justice Simmonds said Attwell had been held in high regard in the Albany community, where he was known for his generosity and successful business, but he had shown no remorse and no empathy towards his intended victim.
Justice Simmonds said he had taken into account Attwell's ill physical health, with the frail diabetic suffering from limited mobility, however that could be satisfactorily managed in prison.
Attwell said via video link from Albany that he was "not very happy" and intended to appeal.
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