Vic court finds 18 years enough for murder

Michael Anthony O'Neill's 18-year sentence for murdering his partner then setting fire to their flat five days later will stand, after prosecutors failed in their bid to have it extended.

O'Neill was found guilty of bludgeoning and strangling his lover Stuart Rattle and was sentenced to serve a minimum of 13 years behind bars.

But on Wednesday the crown prosecutors' appeal to have his term increased was thrown out.

His sentence was within the available range, the Court of Appeal said.

O'Neill pleaded guilty to murdering his partner of 16 years in their luxury apartment in December 2013 by striking him with a frying pan then strangling him with a nylon dog leash.

Mr Rattle begged O'Neill for his life, saying "Michael don't do this", as he was strangled.

O'Neill put Mr Rattle's body into a furniture bag, placed it on their bed and carried on for the following five days as if Mr Rattle was still alive.

He made telephone calls and sent text messages, pretending to be Mr Rattle, and prepared and laid out meals for two.

Five days after the killing he ordered Indian takeaway and laid out two meals with wine.

He then lit a candle near some curtains, not far from Mr Rattle's body on the bed, and went out.

When he returned, the flat was alight.

He and his neighbours called emergency services who discovered Mr Rattle's body.

O'Neill told police he and Mr Rattle had been watching Dr Who when Mr Rattle fell asleep and he went out to buy sweets.

In the days following he acted grief stricken.

During the plea the court heard Mr Rattle's family felt particularly betrayed because O'Neill had allowed them to comfort him.

O'Neill was arrested by police on December 11, 2013 and for five hours maintained the story he'd originally told officers before finally admitting he killed Mr Rattle.

Mr Rattle's family was "shattered" by the "meagre" sentence.

But on Wednesday the Court of Appeal dismissed the Crown submission it should be increased.