KEY POINTS:
New Zealand chef Glenn McNeill today avoided a life sentence for murdering Janelle Patton on Norfolk Island in 2002 after the judge said he wasn't convinced the crime was premeditated.
Norfolk Island Chief Justice Mark Weinberg today sentenced McNeill to 24 years in jail, but he will serve
only 18 years with a conditional release which includes a A$5000 ($5542) good behaviour bond.
It means father-of-two McNeill, from Nelson, could walk free in February 2024, when he will be 46.
McNeill's solicitor John Brown told reporters he would immediately appeal the verdict and the severity of the sentence.
"It's fair to say he's disappointed," Mr Brown said of McNeill, who will serve his sentence in Australia.
An appeal could be heard as early as November, Mr Brown said.
The crown requested a life sentence at last month's submissions.
McNeill was found guilty of Ms Patton's murder, the first on the South Pacific island in 150 years, by a Norfolk Island jury in March.
Her body was found at a picnic spot on Easter Sunday, 2002, wrapped in plastic. There were 64 separate injuries including numerous stab wounds after what appeared a lengthy struggle.
Today's sentencing before a packed courtroom at Sydney's Federal Court was relayed via video link to Norfolk Island.
McNeill, dressed in a light blue shirt and dark trousers, was flanked by two guards and sat less than 5m from Justice Weinberg.
He stared impassively throughout, and showed no emotion when the verdict was handed down.
McNeill's partner Shelley Hooper, who flew from New Zealand today for the verdict, strode from the court without commenting.
The pair have two children, both aged under five, and Ms Hooper was understood to be considering a shift to Australia.
Ms Patton's parents Ron and Carol were accompanied by several friends and family members in court.
Carol Patton said she would have liked a longer sentence but today's events offered some sense of closure.
"We're just glad he was convicted of the crime and has now been sentenced to a lengthy time in jail," she said.
"It's the end of a chapter and maybe it'll give us a chance to focus more on Janelle's life rather than the horrendous circumstances of her death.
"Hearing it all again in court today was rather awful and I hoped we'd never have to go through that again."
Mr Patton said he wanted to remember the good times with his daughter who "I miss terribly".
Told McNeill would appeal, Mr Patton said he was confident it would be unsuccessful.
"Before there can be rehabilitation there has to be an admission of guilt. There has to be some degree of remorse. If he's able to achieve that then possibly there will be rehabilitation.
"At the moment there's no acceptance of his guilt and no expression of remorse."
McNeill confessed to detectives soon after his arrest in February 2006 in Nelson.
He told them he had accidentally run over Ms Patton, put her body in the boot of his car then later stabbed her and dumped her body.
He later retracted the confession, saying he was suffering mental health problems at the time.
Justice Weinberg said there several facts in the case "still in issue" which swayed him from handing down a life sentence.
"I am not satisfied beyond reasonable doubt that you set out on the morning in question to abduct Janelle Patton, or anyone else for that matter. I find no evidence of any planning or premeditation on your part."
Justice Weinberg said parts of McNeill's statement were "patently false", yet it was possible McNeill had accidentally run over Ms Patton. That didn't excuse his later actions of "unspeakable cruelty".
"She was a total stranger to you, and had done you no harm. She died in the most appalling way.
"Your crime has shocked the small community of Norfolk Island. It has sickened the people of Australia. It demands severe punishment."
McNeill told police he had been smoking marijuana, drinking heavily and taking up to five tabs of LSD a week, around the time of the murder.
Justice Weinberg said that was not a mitigating factor in his guilt.
But he noted McNeill's age, his stable family life with support from his parents and partner, positive character references from former employers, and the fact he had no prior convictions.
"You are not without some prospects of rehabilitation. "
- NZPA
