Jailed man not sorry over hitman plot

An elderly Albany businessman was sentenced to eight and a half years in jail for trying to hire a hitman to murder his former daughter in law.

Brian Vincent Attwell leaves the Albany courthouse during his trial. Source: AAP

THE wealthy and elderly Albany businessman jailed today for plotting to have his former daughter-in-law murdered is unrepentant and says his would-be victim owes him an apology.

Brian Vincent Attwell, 74, was sentenced to eight-and-a-half years in jail today after he was found guilty in November of the rare offence of attempting to procure the commission of a crime following a trial.

Attwell, who will be 80 before he can be considered for parole, tried to hire who he thought was a hitman - but who infact was an undercover police officer - to kill his son's ex-wife Michelle Patreena Attwell.

After he was sentenced today, Attwell told the court via video link from Albany he was "not very happy" and intended to appeal.

Arriving at court before his fate was revealed, Mr Attwel remained unapologetic.

"She's (Ms Attwell) living a lavish lifestyle and laughing behind everyone's back," he told media outside court.

"She should apologise to me."

The court heard Attwell had asked a truck driver, who approached him desperate for work with his civil contracting company AD Contractors, to kill Ms Attwell.

He had become frustrated with a protracted, bitter legal dispute between Ms Attwell 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.

He told the covert 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.

Today, Justice Ralph Simmonds said a term of immediate imprisonment was appropriate for such a serious offence. He ruled there was no real risk of Attwell dying in jail despite having poor health.

"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-and-a-half years in jail.

He spent more than six months in remand custody.

Justice Simmonds said aggravating factors included elements of premeditation and planning.

While that was unsophisticated, "there was calculation'', the judge 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 poor physical health, with the frail diabetic suffering from limited mobility. However, the judge believed that could be satisfactorily managed in prison.

Attwell's defence had argued he should be sentenced to a suspended jail term.

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