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Home / New Zealand

Grace Millane murder: Killer appeals conviction and 17-year minimum jail sentence

Anna Leask
By Anna Leask
Senior Journalist - crime and justice·NZ Herald·
5 Aug, 2020 07:27 PM3 mins to read

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Grace Millane was buried by her murderer in a shallow grave in the Waitākere Ranges. Photo / Supplied

Grace Millane was buried by her murderer in a shallow grave in the Waitākere Ranges. Photo / Supplied

Grace Millane's killer will appeal his conviction and prison sentence today.

In February the man, who has name suppression, was sentenced to life in prison with a minimum period of 17 years for murdering the British backpacker in an Auckland hotel room.

The Crown had argued the killer strangled Millane to death. His lawyers claimed the death was an accident which happened during rough sex.

Today's hearing will be heard in the Court of Appeal at Auckland.

Millane, who had been travelling the world, met her killer on dating app Tinder before they shared drinks at a few bars on the eve of her 22nd birthday in December 2018.

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CCTV showed the pair appeared to be enjoying each others' company as they returned to his small downtown Auckland apartment.

READ MORE:
• Grace Millane's killer to be sentenced in Auckland, keeps name suppression
• Grace Millane murder: What did some of NZ's most notorious killers get sentenced?
• Grace Millane murder trial: Jury returns guilty verdict and brings justice to backpacker's family
• Grace Millane murder: Top defence lawyer says 'we're not victim shaming', sex evidence was relevant

But the university graduate would never leave the room alive - her body later found dumped in a shallow grave in the Waitākere Ranges.

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After hearing from nearly 40 witnesses during the highly charged and emotional trial, the jury's decision was unanimous.

The murderer, who still cannot be named, walks into the dock during his High Court trial in November. Photo / Michael Craig
The murderer, who still cannot be named, walks into the dock during his High Court trial in November. Photo / Michael Craig

During the man's sentencing, Millane's mum Gillian said her kind and intelligent daughter's dream to travel the world had turned into a nightmare that ripped the family apart.

"She died terrified and alone in a room with you ... all her dreams and aspirations taken," Gillian Millane said in a victim impact statement.

Justice Simon Moore said this was not a case where the strangulation was driven by rage or was premeditated.

Discover more

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Grace Millane murder: Tinder messages with her killer revealed

24 Nov 09:20 PM
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I dated Grace's killer while her body lay in his apartment

05 Dec 03:35 AM
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21 Feb 02:07 AM

But Millane was vulnerable and appeared to be restrained, he said, while the 28-year-old killer's actions in photographing her naked body after the murder were "depraved".

"You were in a position of total physical dominance," the judge told the killer during sentencing.

"You were a stranger, she trusted you."

Justice Simon Moore sentenced the killer to life imprisonment with a minimum period of 17 years. Photo / Dean Purcell
Justice Simon Moore sentenced the killer to life imprisonment with a minimum period of 17 years. Photo / Dean Purcell

The murderer's lawyer, Ian Brookie, told the Herald that Rachael Reed QC will advocate for the man at the appeal.

"Sometimes trial lawyers consider that it may be helpful for another lawyer to review afresh the trial and sentence process when an appeal is being considered," Brookie said.

"That has been recommended to [my client] and has happened here, with our assistance. The appeals filed will be advanced by that lawyer for this reason."

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A Crown Law spokeswoman said they had received notice of an appeal, while a police spokeswoman said it would be inappropriate for police to comment.

Ian Brookie acted for the killer from his first appearance in court through to sentencing. Photo / Michael Craig
Ian Brookie acted for the killer from his first appearance in court through to sentencing. Photo / Michael Craig
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