On Christmas Day two years ago, 83-year-old Edward Rowen beat his wife to death with a wooden elephant statue as she sat in a chair in their living room.
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The couple, who had been married for 56 years, had spent the day with family at Christmas functions.
That night, as Rosalie Rowen sat in her usual chair in their Creswick home, her husband attacked her in what he later described as a "rage".
The mother of four and beloved grandmother was flown to hospital where she died in the early hours of the following morning.
Supreme Court Justice Leslie Taylor found on Thursday morning that Rowen was responsible for his wife's murder, despite his unfitness to be tried for the crime.
Experts says he likely suffers from Alzheimer's disease and his deterioration made him unfit for trial.
Justice Taylor ruled Rowen should be subject to supervision, with further details to be determined at a later date.
Rowen had been described as "grumpy" during the Christmas festivities that day.
He had pushed or shoved Mrs Rowen after a disagreement about jelly shots.
One of his daughters said her father had a sweet tooth and was motivated by desserts.
She didn't think he would have understood that the shots contained alcohol.
He had already had three when Mrs Rowen tried to stop him having a fourth. He also had four or five beers throughout the day.
While his family weren't concerned about the amount he had been drinking, they were worried that he hadn't eaten.
Neighbours found Rowen shouting in the street at around 10pm that night, about two hours after they left the party.
They said he was rambling, saying he was furious that ladies at the party had told him not to drink.
He said he was still mad when he got home and when his wife began to "pester" him about his behaviour he flew into a rage and attacked her.
Rowen's lawyer Tim Marsh said Mrs Rowen's death remained an "inexplicable crime" and that the earlier argument over the jelly shots would be "bizarre and outlandish motivation" after decades of marriage.
Prosecutor David Glynn agreed the killing couldn't be explained now, and probably couldn't be explained at the time.
They agreed that supervision was necessary, as opposed to the alternative being his unrestricted release into the community.
Ordinarily supervision in the case of someone unfit to be tried would be through the Thomas Embling Hospital, a secure mental health hospital in suburban Melbourne.
Mr Marsh said that facility wasn't appropriate in Rowen's case.
The facility is not equipped to provide the level of care required by a person with a degenerative neurocognitive disorder like Alzheimer's disease.
The Monash Psychogeriatric Unit is to be explored as a possible alternative, with Justice Taylor to make a decision at a later date.
Mr Marsh said the alternative was that Rowen, who is currently in prison, would be remanded in custody indefinitely.
He said that was a scenario he wanted to avoid.
Mr Marsh said that by one diagnosis over another a person could end up in a non-therapeutic environment, versus receiving appropriate therapeutic care with the potential for supervised leave.
Australian Associated Press
