In 2024, Wake received a 17-year non-parole sentence, which he is now appealing, claiming that the punishment is overly harsh.

The crime involved Wake using a folding knife to stab Ms. Wake 17 times in an assault fueled by resentment. During the attack, their son was inside the house, while their daughter, Romany, had just parked outside after driving Wake, who claimed he intended to deliver a gift.

Justice Michael Daly emphasized that it is crucial for the appeals process to proceed with professionalism and decorum, particularly in a case that has garnered significant public attention. To this end, he ordered that legal aid be provided for Wake, affirming his right to legal representation.

In court, it was noted that many individuals appealing their sentence lengths often represent themselves. However, in this instance, the presence of legal counsel was deemed necessary to ensure that the court’s time was utilized effectively and that the case was handled appropriately.

Justice Michael Daly ordered legal aid to represent Wake, saying he had a right to lawyers. 

It was important that the appeal court’s time was not wasted and that an appeal in such a well-known case was conducted with professionalism and decorum, he said. 

“How could you realistically, other than for resourcing purposes, be making these submissions?” he asked Mainwaring.

The appeal, which the court was told related to a sentence discount given to Wake, will return to 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 Justice Helen Wood said Wake was entitled to stand her ground when Wake tried to enter the house against her wishes.

Wake blamed his former partner for his deteriorating relationship with their son.

He had been told by Wake that his son did not want to see him. 

“(Wake) must have realised in those moments (the) purpose was to inflict lethal force,” Justice Wood said.

“She endured that knowing her son was in the house and her daughter nearby.” 

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