Legal aid ordered for man accused of stabbing ex-wife to death on Christmas Day
Publicly-funded legal aid has been ordered to represent a convicted murderer in an appeal despite arguing their services shouldn’t be provided. 
Darren Mark Wake is serving 26 years behind bars for stabbing his ex-wife and mother-of-two, Rachel Wake, to death at her Hobart home on Christmas Day in 2021. 

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

Legal Representation Mandated for Man Charged in Christmas Day Fatal Stabbing of Ex-Wife
Darren Mark Wake pleaded guilty in December to murdering 52-year-old midwife Rachel Wake at her Hobart home on December 25, 2021. (Rachel’s Voice/Facebook)

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.

Wake appeared in the Supreme Court of Tasmania today via video link from prison. 
Tasmania‘s Legal Aid Commission lawyer Rochelle Mainwaring said Wake’s application for legal aid had no merit, the matter was not complex, and it wasn’t in the interest of justice for them to represent him. 

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.

Supreme Court of Tasmania in Hobart.
Supreme Court of Tasmania in Hobart. (AAP)

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.” 

Romany, a Tasmanian Young Australian of the Year nominee, has campaigned to improve legislation in relation to domestic violence.

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