I am surprised that the police had only asked for 17 years - I guess if they and the family are satisfied then that's the most important thing though. I too hope that any subsequent cases against him might bring further time in prison.
GUILTY NEW ZEALAND - Grace Millane, 22, British backpacker, Auckland, 1 Dec 2018 #3
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Alyce
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DM also named him when the trial ended so I guess they feel might as well carry on now ( am not excusing them, am not a fan ! )
Alyce
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I am also disappointed with the sentence, even though I realise it's high for NZ.
But I find it extremely sad to think that at age 44 he may be eligible to walk to freedom. Twice the age that Grace was and never will be.
But I find it extremely sad to think that at age 44 he may be eligible to walk to freedom. Twice the age that Grace was and never will be.
musicaljoke
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Is it tomorrow yet? eta ... ooops, I see that it's done and dusted.
If, in theory, he is found guilty in another case, will he face consecutive sentences or concurrent?
RubyLee87
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The victim impact statements from Grace’s family were heartbreaking. Their lives will never be the same after what happened but I hope they can find some comfort from the fact that her killer will be imprisoned for a long time.
Although the sentence is high for NZ, I wish it could be a whole life term. This dangerous man should never be released.
Although the sentence is high for NZ, I wish it could be a whole life term. This dangerous man should never be released.
Cherwell
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How could it be? He's guilty of murder and it's a mandatory life sentence, surely?
17 years doesn't seem as much as it could have been, but it doesn't mean he'll get parole at the first time of asking. Especially if he's found guilty of other violent crimes. Let's hope he is.
NZ judges almost never apply sentences consecutively or cumulatively. It’s almost always concurrent. The rationale for that I believe is to keep a focus on rehabilitation rather than being purely punitive. However there is a campaign by some to change this.
jamjim
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Woman describes date with Grace Millane's murderer
"One story was that both his parents had been killed in a car explosion of which he was the only survivor. A couple who was travelling in a car behind the family when it happened adopted him."
"During the date, the man told her he was friends with international stars, such as Gwyneth Paltrow, as well as local personalities, including a radio personality.
After the date, the woman was so concerned about what he might do to other women that she contacted the radio personality to flag up his behaviour.
The woman said in her message that she feared he would kill someone.
"I just said, I'd hate to think what's going to happen to a young, vulnerable woman when he gets his hands on her... because he obviously didn't like being rejected."
But the radio personality replied she had never met the man.
Almost a year to the day later, the man was charged with Millane's murder."
This is another woman who has the displeasure of coming across this sicko. He loves the storytelling huh?
"One story was that both his parents had been killed in a car explosion of which he was the only survivor. A couple who was travelling in a car behind the family when it happened adopted him."
"During the date, the man told her he was friends with international stars, such as Gwyneth Paltrow, as well as local personalities, including a radio personality.
After the date, the woman was so concerned about what he might do to other women that she contacted the radio personality to flag up his behaviour.
The woman said in her message that she feared he would kill someone.
"I just said, I'd hate to think what's going to happen to a young, vulnerable woman when he gets his hands on her... because he obviously didn't like being rejected."
But the radio personality replied she had never met the man.
Almost a year to the day later, the man was charged with Millane's murder."
This is another woman who has the displeasure of coming across this sicko. He loves the storytelling huh?
Remember that is only the non-parole period. There is no guarantee this guy will ever be paroled.
So some notes on sentencing.
It's important to recognise that NZ judges still guard against sentence inflation, especially in very public cases, where there is a demand that each new horror get a heavier sentence than the last. Unfortunately this is a very easy drum for politicians and influencers to bang but when NZ Parliament has passed legislation setting out sentencing ranges and guidance, the judges must follow it and cannot give every psycho the max or "more than last time". That simply leads to appeals.
So what does the NZ legislation say? Well things got a bit tougher than when I was a crimes student
Under NZ Crimes Act 1961, murder has always attracted a presumptive life sentence, barring exceptional circumstances. But in practice you could be out in 10 on parole. The judge must set a non-parole period (NPP) and 10 years is the minimum.
Sentencing Act of 2002 has also changed this a bit, in relation to "stage 2 & 3 murders". So in short, where the offender already had a warning for a violent offence then that could lead to life without parole. That does not apply here. He is now on "first strike"
In this case s 103 is our go to section
Sentencing Act 2002 No 9 (as at 01 July 2019), Public Act 103 Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder – New Zealand Legislation
Then we have s 104 dealing with aggravating circumstances
So short version, 17 years NPP is already on the higher side for NZ, and actually what Parliament has prescribed for an offence like this
And though this case has attracted huge emotion, the facts of the case are not "worse" for want of a better word, than other murders in recent years that got far less publicity.
Of course this will seem "light" compared to the US for example, but it needs to be remembered this guy may never get out.
One might feel that the judge should push the boat out and go above 17, but I think you probably won't see that unless there are truly exceptional circumstances.
It's important to recognise that NZ judges still guard against sentence inflation, especially in very public cases, where there is a demand that each new horror get a heavier sentence than the last. Unfortunately this is a very easy drum for politicians and influencers to bang but when NZ Parliament has passed legislation setting out sentencing ranges and guidance, the judges must follow it and cannot give every psycho the max or "more than last time". That simply leads to appeals.
So what does the NZ legislation say? Well things got a bit tougher than when I was a crimes student
Under NZ Crimes Act 1961, murder has always attracted a presumptive life sentence, barring exceptional circumstances. But in practice you could be out in 10 on parole. The judge must set a non-parole period (NPP) and 10 years is the minimum.
Sentencing Act of 2002 has also changed this a bit, in relation to "stage 2 & 3 murders". So in short, where the offender already had a warning for a violent offence then that could lead to life without parole. That does not apply here. He is now on "first strike"
In this case s 103 is our go to section
Sentencing Act 2002 No 9 (as at 01 July 2019), Public Act 103 Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder – New Zealand Legislation
Then we have s 104 dealing with aggravating circumstances
So short version, 17 years NPP is already on the higher side for NZ, and actually what Parliament has prescribed for an offence like this
And though this case has attracted huge emotion, the facts of the case are not "worse" for want of a better word, than other murders in recent years that got far less publicity.
Of course this will seem "light" compared to the US for example, but it needs to be remembered this guy may never get out.
One might feel that the judge should push the boat out and go above 17, but I think you probably won't see that unless there are truly exceptional circumstances.
Yep.
This conversation comes up every time there is a bad murder. But tragic as it is, the international publicity does not make this case worse than your run of the mill murder, or come to the depravity of other recent cases. For instance the murderer of Mallory Manning got 20 years NPP
This case most likely featured a brutal group attack with weapons
Hjp
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Finally the day of reckoning for this guy has come. 17 years is abit light, but to be fair I couldn't see any UK court crediting the case more than 20 either. It is a substantial non-parole sentence none-the-less; which sees him lose his entire 30's and his prime years.
Even if he ever does see a release date, his face and name will be remembered by many. Ultimately, he would emerge from prison a disgraced middle aged man, with no chance of ever dating again or any prospect of clinching a meaningful job with this serious conviction.
He'll also forever be looking over his shoulder under constant threat of attack. Personally, I don't think he will even make it to the end of his sentence:- as he rots away in an isolated cell or becomes subject to an attack from a fellow inmate.
His life is over. He literally has nothing to look forward to and that is a knowledge I truly, warmly, welcome.
Even if he ever does see a release date, his face and name will be remembered by many. Ultimately, he would emerge from prison a disgraced middle aged man, with no chance of ever dating again or any prospect of clinching a meaningful job with this serious conviction.
He'll also forever be looking over his shoulder under constant threat of attack. Personally, I don't think he will even make it to the end of his sentence:- as he rots away in an isolated cell or becomes subject to an attack from a fellow inmate.
His life is over. He literally has nothing to look forward to and that is a knowledge I truly, warmly, welcome.
CoverMeCagney
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I meant back when he was arrested and as the trial first started, they must have been worried he would be acquitted and walk free. Once he was found guilty they must have feared him getting a 'non-life' sentence, which could have seen him walk free in just a few years.
Kikixxxx
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Grace Millane trial: Killer appeals murder conviction and sentence
scum bag... but i'm not suprised! lets hope it gets thrown out ASAP.
scum bag... but i'm not suprised! lets hope it gets thrown out ASAP.
jamjim
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Just heard this on the radio and said a word that sounds like "twit" out loud in the office. Ugh
Not sure and I think all new jury trials are on hold at the moment because of the virus so might be a while
jamjim
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Grace Millane killer appeals against conviction
"The man who killed British backpacker Grace Millane in New Zealand has begun an appeal against his murder conviction and sentence.
The 28-year-old, who cannot be named, was jailed for at least 17 years after a jury found him guilty of murdering Ms Millane in an Auckland hotel in 2018.
After her death he hid her body in a suitcase and buried her in bushland.
His appeal is based around elements of the trial process as well as the length of the minimum non-parole period.
At his trial last year, the killer claimed Ms Millane, who was last seen on the night before her 22nd birthday, had died accidentally, after the pair engaged in rough sex that went too far.
But a jury in November rejected that argument and found him guilty of murder.
New Zealand media outlet Stuff said the appeal was based around how much emphasis was placed on the element of consent, expert evidence, probability, and the negative evidence given by other women about his character."
"The man who killed British backpacker Grace Millane in New Zealand has begun an appeal against his murder conviction and sentence.
The 28-year-old, who cannot be named, was jailed for at least 17 years after a jury found him guilty of murdering Ms Millane in an Auckland hotel in 2018.
After her death he hid her body in a suitcase and buried her in bushland.
His appeal is based around elements of the trial process as well as the length of the minimum non-parole period.
At his trial last year, the killer claimed Ms Millane, who was last seen on the night before her 22nd birthday, had died accidentally, after the pair engaged in rough sex that went too far.
But a jury in November rejected that argument and found him guilty of murder.
New Zealand media outlet Stuff said the appeal was based around how much emphasis was placed on the element of consent, expert evidence, probability, and the negative evidence given by other women about his character."