Wife killer tells of 'suicide pact', loses his appeal
A MAN has lost his bid to overturn his murder conviction after arguing that he killed his wife because they had a suicide pact.
In 2012 David Jeffrey Miller was convicted of murdering his wife in Bundaberg after he hit her in the back of the head with a log splitter.
He pleaded not guilty to murder but guilty to manslaughter.
A judgment handed down this morning said evidence at trial showed Miller and his wife had been charged with drug offences and had discussed ending their lives.
Miller challenged his murder conviction at the Queensland Court of Appeal, saying the conviction was unreasonable and could not be supported by the evidence.
His lawyers argued Miller had a depressive illness and an impaired capacity to know that it was wrong to kill his wife.
It was also submitted that Miller's wife said she would rather die than go to jail and would say: "I'm going to go and lie down. I don't want to wake up in the morning."
In the judgment handed down this morning, Queensland Court of Appeal Justice Philip Morrison said if there was a genuine suicide pact, Miller would not have driven away after killing his wife.
Justice Morrison also said it was open to the jury to dismiss Miller's evidence during the trial.