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Posted: 2024-11-15 07:59:10

The grieving loved ones of a woman murdered by her former partner say her death has "shattered" their family.

Maryam Hamka was killed by Toby Loughnane at a Brighton home in April 2021, after being subjected to months of abuse and violence.

Her body remained undiscovered for two years, until Loughnane led police to a remote bushland site in Cape Schanck where he had dumped her remains.

Loughnane was convicted of her murder in June this year.

Missing woman Maryam Hamka

Maryam Hamka was last seen at a Brunswick Woolworths store on April 12. (Supplied: Victoria Police)

On Friday, the 44-year-old faced Victoria's Supreme Court for a pre-sentencing hearing where prosecutor Kristie Churchill read out victim impact statements from Ms Hamka's brother Ayman Hamka and mother Susan Iramiyan.

"The loss of my sister has left a gaping hole in my heart that will never fully heal," the statement from Ayman Hamka read.

"I miss her every moment of every day, and I can only hope that justice will be served for the irreplaceable life that was taken from us."

The court heard Ms Iramiyan visited her daughter's grave daily, and now suffered from depression and post-traumatic stress disorder.

She said she frequently dreamed of her daughter screaming for help.

"No parent should ever have to bury their child," Ms Iramiyan told the court.

"Every day, I think about the pain and suffering my daughter went through and it shatters my heart all over again."

During the murder trial, the court heard Loughnane had contacted his friend Oscar Newman for assistance after Ms Hamka's death.

On Friday his lawyer Daniel Sala argued for leniency, describing Ms Hamka's murder as a "spontaneous event" that lacked "significant premeditation".

He said Justice Christopher Beale should consider Loughnane's disclosure of the location of Ms Hamka's body as an expression of remorse, arguing it brought "closure" to her family and provided forensic evidence to the prosecution.

But Justice Beale said he had yet to be convinced, on the balance of probabilities, that Loughnane leading police to Ms Hamka's body was not a "self-serving" act.

Toby Loughnane smiling, two unidentified people blurred next to him.

Toby Loughnane was found guilty of murdering his girlfriend Maryam Hamka in June. (Facebook)

"I'm not persuaded of any remorse at this stage," Justice Beale said.

"People who commit murder and then dispose of the bodies – there's a real value to them disclosing the whereabouts of the deceased and there should be a discount for that to encourage others.

"But it doesn't follow that disclosure means remorse in a case like this, where two years had passed … and it only occurred after Oscar Newman came forward."

Prosecutor Kristie Churchill also rejected the argument that Ms Hamka's murder was a spontaneous or isolated incident, saying her death had occurred against a "backdrop of domestic violence".

"[Loughnane] is a man who has violently assaulted her previously … and has then sought to cover up his involvement in her murder through extreme and drastic measures," Ms Churchill said.

Maryam Hamka's brother wears sunglasses and has his mother around his mother while his sister stands beside them.

Maryam Hamka's mother, brother Hassan Hamka and sister Amel Hamka outside court after Toby Loughnane was found guilty of murder earlier this year. (ABC News)

"Had he been remorseful in any way … he would have disclosed the location of her body well before the two-and-a-half years [had passed]."

"If the goal was to ease the suffering of Ms Hamka's family, that could have been achieved much earlier in time."

Mr Sala told the court Loughnane's father had died when he was 12, which had a "catastrophic impact" on his life and led to him turning to drugs and "light methamphetamine use".

Loughnane denied killing Ms Hamka during the murder trial, and said she had died of a drug overdose.

He will be sentenced on December 18.

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