Crime: Murder
Occurred: 26 July 2009
Sentenced: 18 February 2011
Where: 6 Elizabeth Street, Mount Evelyn
Convicted: Marc Hamilton
Victim: Tim Fleming
What happened?
On a Sunday afternoon, Marc had Tim, a few friends and his girlfriend over. Marc gave Tim a bag of amphetamine and in return when Tim got home he sent over a bag of cannabis. Later that evening, Tim came back to Marc's house and threw the bag of amphetamine at Tim in front of his mates, telling him that it was shit, diluted, and he would not sell it. Marc responded by punching Tim four times in the face. Tim tried to fight back and in the ensuing struggle Marc got the best of him and he ended up dazed on the floor. Marc grabbed a nearby samurai sword and slashed Tim's shoulder blade. He threatened to cut off Tim's knees to which Tim replied, "Your missus doesn't need to see this" (she was sitting on the couch cradling her puppy at the time). Marc's told his friends to not let Tim leave, and went to his bedroom. There was uncertainty at trial whether Marc's friends were assisting Mark or were simply innocent bystanders. One of Marc's friends claims to have told Tim to leave - another one of the friends says that he told Tim to "stay on the fucking floor". In any event, Marc returned with a shotgun and said "This one's for you" before shooting Tim in the head. The bullet wound exited Tim's throat, severing his spinal cord and killing him instantly.
Sentenced: 18 February 2011
Where: 6 Elizabeth Street, Mount Evelyn
Convicted: Marc Hamilton
Victim: Tim Fleming
What happened?
On a Sunday afternoon, Marc had Tim, a few friends and his girlfriend over. Marc gave Tim a bag of amphetamine and in return when Tim got home he sent over a bag of cannabis. Later that evening, Tim came back to Marc's house and threw the bag of amphetamine at Tim in front of his mates, telling him that it was shit, diluted, and he would not sell it. Marc responded by punching Tim four times in the face. Tim tried to fight back and in the ensuing struggle Marc got the best of him and he ended up dazed on the floor. Marc grabbed a nearby samurai sword and slashed Tim's shoulder blade. He threatened to cut off Tim's knees to which Tim replied, "Your missus doesn't need to see this" (she was sitting on the couch cradling her puppy at the time). Marc's told his friends to not let Tim leave, and went to his bedroom. There was uncertainty at trial whether Marc's friends were assisting Mark or were simply innocent bystanders. One of Marc's friends claims to have told Tim to leave - another one of the friends says that he told Tim to "stay on the fucking floor". In any event, Marc returned with a shotgun and said "This one's for you" before shooting Tim in the head. The bullet wound exited Tim's throat, severing his spinal cord and killing him instantly.
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| Friends and family say Tim was optimistic about his future. |
Victim's background
Tim was 33 years old at the time of death. In 2005 he broke his neck in a car accident and four years on was unable to work and awaited further surgery. He had two sons, aged seven and 10. He and his girlfriend were no longer together and he lived in a caravan at his parents' house.
Convicted's background
Marc was 27 at the time of the murder and grew up in a violent home; his father spent much of Marc's childhood in prison for murder as well as manslaughter and is now dying of cancer. His stepfather was a violent alcoholic. Marc's two siblings were each born to a different father. He left school in Year 8 to become a brickie's labourer for his stepdad, who later died in a motor cross accident while Marc watched on in the crowd. Up to the shooting Marc was smoking marijuana daily and abusing prescription medication. Following employment as a building contractor he worked as a greenskeeper at the Heritage Golf Club at Chirnside Park. His girlfriend left him after the shooting and he is now single.
Tim was 33 years old at the time of death. In 2005 he broke his neck in a car accident and four years on was unable to work and awaited further surgery. He had two sons, aged seven and 10. He and his girlfriend were no longer together and he lived in a caravan at his parents' house.
Convicted's background
Marc was 27 at the time of the murder and grew up in a violent home; his father spent much of Marc's childhood in prison for murder as well as manslaughter and is now dying of cancer. His stepfather was a violent alcoholic. Marc's two siblings were each born to a different father. He left school in Year 8 to become a brickie's labourer for his stepdad, who later died in a motor cross accident while Marc watched on in the crowd. Up to the shooting Marc was smoking marijuana daily and abusing prescription medication. Following employment as a building contractor he worked as a greenskeeper at the Heritage Golf Club at Chirnside Park. His girlfriend left him after the shooting and he is now single.
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| 6 Elizabeth Street, Mt Evelyn |
Outcome of trial: Marc pleaded guilty to manslaughter but not-guilty to murder, and a trial was necessary. The jury found him guilty. When the verdict came down, Marc shook his head and said the justice system was "a fucking joke".
Sentence: 18 years before eligible for parole (23 years max), with over a year already served in remand.
You can read the judgement here. Media coverage is available here and here.
Sentence: 18 years before eligible for parole (23 years max), with over a year already served in remand.
You can read the judgement here. Media coverage is available here and here.
Hes not single anymore
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