ALICIA Schiller paraded knives around proudly in the moments before using one to inflict a fatal blow on her housemate.
The 28-year-old even warned “I’ll gut her” before thrusting the weapon into the chest of Tyrelle Evertsen-Mostert, a mother-of-three. But three years on, she says the jury got it wrong.
The rage spilt over after Ms Evertsen-Mostert stole $50 from her attacker’s bedroom inside the home they shared in Norlane, north of Geelong, on November 9, 2014.
Ice was at the centre of the conflict. Schiller was an addict at the time and Ms Evertsen-Mostert was dealing. The money had been stolen to buy drugs.
The victim suffered a 12cm stab wound that snapped a rib and pierced her heart. Justice Elizabeth Jane Hollingworth sentenced Schiller to 20 years in prison, to serve a minimum of 16.
It was a relief for the victims’ family who said at the time that “justice has been served”. But not if you speak to Schiller.
‘I DID NOT MEAN TO KILL HER’
On Monday, Schiller launched her bid to have her sentence overturned. Three Supreme Court of Appeal judges heard details of what the 28-year-old plans to argue.
Her lawyer, Paul Smallwood, speaking on his client’s behalf on Monday, argued the jury got it wrong.
“The evidence suggests the applicant did not intend to hurt the deceased in the manner in which she had,” Mr Smallwood said.
“It was not a case where the attack persisted until the victim was unconscious.”
News.com.au understands part of Schiller’s case for appeal will focus on the language she allegedly used prior to the confrontation between the pair and whether or not she said “gut”, as one witness testified.
Her legal team is likely to argue she instead said the word “cut”.
Judges are expected to consider arguments and hand down a decision in the next few weeks. If successful, it’s expected Schiller’s charges would be downgraded from murder to manslaughter and she would not face a retrial.
‘SHE WAS ARKING UP’
Details of the attack, told to the court during Schiller’s trial, revealed she began “arking up” after discovering her money was missing. Ms Evertsen-Mostert had used the money to buy drugs and planned to sell them to others.
The killer was seen carrying around knives and shouting: “I don’t care if she took it or not, I’ll gut her,” according to a witness.
She used a short kitchen knife to stab Ms Evertsen-Mostert three times as she lay on her bed. The knife was later presented as evidence during Schiller’s trial, but her lawyer says his client never intended to use it to kill anybody.
Pictures from the scene show Schiller being led in to the back of a police van wearing black pants and a bra. She is covered in blood and being treated by ambulance officers.
Schiller was only found guilty after the case went before a jury for a second time. The first trial resulted in the jury being discharged without a verdict in July 2016 when a juror handed the judge a note saying he was suffering from stress as a result of the trial.
In December that same year, a second jury found Schiller guilty. She and her family cried as she was led away to begin her sentence.
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