Murder of Grace Millane
{{Short description|2018 killing of a British tourist in New Zealand}}
{{Use New Zealand English|date=December 2018}}
{{Use dmy dates|date=January 2019}}
{{Infobox civilian attack
| title = Murder of Grace Millane
| location = Auckland, New Zealand
| date = 2 December 2018
| image = Grace Millane 1996 - 2018.jpg
| caption = Grace Millane in her university graduation
| time =
| timezone =
| type = Murder by strangulation
| weapons =
| fatalities = 1
| injuries =
| victims = Grace Millane
| perp = Jesse Shane Kempson
| verdict = Guilty
| convictions = Murder{{Infobox event
| title =
| child = yes
| sentence = Life imprisonment
}}
| charges =
}}
Grace Emmie Rose Millane{{cite web|url=https://www.australiatimes.online/wp-content/uploads/2019/01/grace-millane-funeral-family-pay-tribute-to-murdered-backpacker-8.jpg|title=Grace Millane Funeral: Family Pay Tribute to Murdered Backpacker|format=JPEG image|access-date=11 January 2019|website=Australia Times|archive-url=https://web.archive.org/web/20190113232115/https://www.australiatimes.online/wp-content/uploads/2019/01/grace-millane-funeral-family-pay-tribute-to-murdered-backpacker-8.jpg |archive-date=13 January 2019}} (2 December 1996 – 2 December 2018) was a British tourist who was murdered in Auckland, New Zealand, in December 2018. A 26-year-old man, Jesse Shane Kempson,{{Cite web |last1=Hurley |first1=Sam |last2=Boyle |first2=Chelsea |name-list-style=amp |date=2020-12-22 |title=British backpacker Grace Millane's murderer named as Jesse Kempson, sexual violence trials revealed |url=https://www.nzherald.co.nz/nz/british-backpacker-grace-millanes-murderer-named-as-jesse-kempson-sexual-violence-trials-revealed/FESROUYQ4C3KO4VACEJEFHRL5A/ |access-date=2023-06-19 |website=The New Zealand Herald |language=en-NZ}} was charged with her murder on 8 December 2018. Millane's body was found in the Waitākere Ranges to the west of Auckland on 9 December 2018.
Kempson's name was suppressed by New Zealand courts until 2020, meaning it could not be published in New Zealand; however, some international media outlets chose to publish it contrary to the New Zealand court order.{{cite news |last1=Hurley |first1=Sam |last2=Boyle |first2=Chelsea |title=Grace Millane's killer loses appeal of murder conviction and sentence, while suppression continues |url=https://www.nzherald.co.nz/nz/crime/grace-millanes-killer-loses-appeal-of-murder-conviction-and-sentence-while-suppression-continues/N7PJAMYKNXGZECV2BQHZQ4UIJM/ |work=The New Zealand Herald |date=18 December 2020}}
Kempson was tried at the Auckland High Court in November 2019; he claimed that she had died during consensual sex. After a three-week trial, he was convicted by a unanimous guilty verdict and later sentenced to life imprisonment, with a minimum non-parole period of 17 years. Kempson filed an appeal against his conviction, which was dismissed by New Zealand's Court of Appeal on 18 December 2020.{{cite news |last=Owen |first=Catrin |title=Grace Millane: Backpacker's murderer loses conviction and sentence appeal |url=https://www.stuff.co.nz/national/crime/300187651/grace-millane-backpackers-murderer-loses-conviction-and-sentence-appeal |work=Stuff |date=18 December 2020|archive-url=https://web.archive.org/web/20201218035607/https://www.stuff.co.nz/national/crime/300187651/grace-millane-backpackers-murderer-loses-conviction-and-sentence-appeal|archive-date=18 December 2020|url-status=live}} The suppression order was lifted by the New Zealand Supreme Court on 22 December 2020. It was also revealed that he had been convicted of rape and sexual abuse charges relating to two other women in October and November 2020.{{cite news |last=Robson |first=Sarah |title=Grace Milland's killer named as Jesse Kempson after Supreme Court appeal denied |url=https://www.rnz.co.nz/news/national/433383/grace-millane-s-killer-named-as-jesse-kempson-after-supreme-court-appeal-denied |access-date=25 December 2020 |work=Radio New Zealand |date=25 December 2020|archive-url= https://web.archive.org/web/20201222164757/https://www.rnz.co.nz/news/national/433383/grace-millane-s-killer-named-as-jesse-kempson-after-supreme-court-appeal-denied|archive-date=22 December 2020|url-status=live}}{{cite news |last1=Hurley |first1=Sam |last2=Boyle |first2=Chelsea |title=British backpacker Grace Millane's murderer named as Jesse Kempson, sexual violence trials revealed |url=https://www.nzherald.co.nz/nz/british-backpacker-grace-millanes-murderer-named-as-jesse-kempson-sexual-violence-trials-revealed/FESROUYQ4C3KO4VACEJEFHRL5A/ |access-date=25 December 2020 |work=The New Zealand Herald |date=22 December 2020|archive-url= https://web.archive.org/web/20201223160223/https://www.nzherald.co.nz/nz/british-backpacker-grace-millanes-murderer-named-as-jesse-kempson-sexual-violence-trials-revealed/FESROUYQ4C3KO4VACEJEFHRL5A/|archive-date=23 December 2020|url-status=live}}
Background and disappearance
Grace Millane was from Wickford, Essex. She had recently graduated from the University of Lincoln with a bachelor's degree in advertising and marketing, and was on a backpacking tour during her gap year.
Millane was on a two-week stay in New Zealand after spending six weeks in South America. She entered New Zealand on 20 November 2018 and travelled around the upper North Island.{{cite web|url=https://www.newstalkzb.co.nz/news/national/grace-millane-murder-details-of-alleged-killer-revealed/|title= Grace Millane murder: Details of alleged killer revealed |first=Anna |last=Leask |date=10 December 2018|access-date=11 December 2018}} She arrived in Auckland on 30 November. At 9:00 pm on 1 December, she was seen in Victoria Street in Auckland's central business district, and 15 minutes later she was seen via CCTV at SkyCity. She was last seen at 9:41 pm at the CityLife Hotel on Queen Street with Jesse Kempson.{{cite web |url=https://www.stuff.co.nz/auckland/109205584/Missing-backpacker-Grace-Millane-from-disappearance-to-murder-charge |title=Missing backpacker Grace Millane: From disappearance to murder charge |website=Stuff |first=Natalie |last=Crockett |date=9 December 2018 |access-date=10 December 2018}}
Investigation
Millane's parents became concerned after she did not reply to birthday wishes they sent her on 2 December 2018 and police started investigating after she was reported missing by her parents three days later. The hotel she was staying at reported that she did not go back to her room on the night of her disappearance. Police initially said that there was "no evidence of foul play", but later gathered evidence that she was "no longer alive". Police announced on 8 December that they were treating the case as a homicide investigation, and Kempson was subsequently charged with her murder.{{cite news|url=https://www.tvnz.co.nz/one-news/new-zealand/suspect-charged-murder-missing-british-backpacker-grace-millane|title=Suspect to be charged with murder of missing British backpacker Grace Millane|work=TVNZ|date=8 December 2018}}{{Cite web|url=https://www.stuff.co.nz/auckland/109216634/backpacker-grace-millane-met-murder-accused-on-dating-app|title=Backpacker Grace Millane met murder accused on dating app|website=Stuff |date=9 December 2018|language=en|access-date=19 December 2018}}
Millane's body was found on 9 December at around 4 pm, off Scenic Drive in the Waitākere Ranges around {{cvt|19|km}} west of central Auckland.{{cite news|url=https://www.bbc.com/news/uk-england-essex-46502649|title=Grace Millane: Man appears in court charged with backpacker's murder|work=BBC News|date=10 December 2018|access-date=10 December 2018}} A post-mortem examination was done on 10 December. Further investigations of the area where Millane was found were carried out on 11 December.{{cite news|url=http://www.newshub.co.nz/home/new-zealand/2018/12/grace-millane-post-mortem-carried-out-but-police-won-t-release-results.html|archive-url=https://web.archive.org/web/20181210113941/https://www.newshub.co.nz/home/new-zealand/2018/12/grace-millane-post-mortem-carried-out-but-police-won-t-release-results.html|url-status=dead|archive-date=10 December 2018|title=Grace Millane: Post-mortem carried out, but police won't release results|last=Sutherland|first=Megan|work=Newshub |date=10 December 2018|access-date=10 December 2018}} Police asked for the public's help in finding a shovel they believed was related to the inquiry. A shovel fitting the police description was found on 13 December.{{cite news|url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12176384|access-date=22 December 2018|title=Grace Millane murder: Shovel found in central West Auckland|date=13 December 2018|newspaper=The New Zealand Herald }} Police also requested public help tracing the movements of a rental car Kempson leased between 2 and 3 December. The car had subsequently been re-leased and was located on 8 December in Taupō, {{cvt|275|km}} south of Auckland.{{cite news |first= Tommy |last= Livingston |date= 10 December 2018 |title= Grace Millane murder inquiry: Accused's rental car had been rented to someone else |url= https://www.stuff.co.nz/national/crime/109240296/grace-millane-murder-inquiry-sightings-of-seized-hire-red-car |publisher=Stuff |access-date= 17 December 2018}}
= Arrest =
Kempson, 26 years old, was taken into custody on 8 December at 3 pm. He had been staying at the CityLife Hotel in central Auckland. Kempson appeared in the Auckland District Court on 10 December 2018, charged with murdering Millane.
Kempson was born and grew up in the Wellington Region. After his parents separated when he was nine, he was raised by his father and grandfather. His mother moved overseas while his father remarried and had a step family. At Aotea College, Kempson played softball at a regional representative level for multiple teams. He worked as a bartender and builder/labourer and also lived in Sydney, Australia between 2013 and 2016. Kempson was estranged from his family. Kempson's paternal grandfather alleged that he had fathered a child while living in Sydney but this is disputed by other relatives. His previous offending was limited to a conviction for drunk driving and a few arrests for alcohol-related disorderly behaviour.{{cite news |last=Leask |first=Anna |title=Who is Grace Millane's murderer? Unravelling labyrinth of lies and a fatal Tinder date |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12287282 |access-date=22 November 2019 |work=New Zealand Herald |date=21 November 2019}}
== Name suppression ==
{{see also|Criticism of Google#Breach of court order}}
During the initial appearance, Kempson was denied name suppression, but this was appealed by the defence, automatically triggering interim name suppression for a period of 20 working days.{{efn|For court purposes, non-working days are Saturdays, Sundays, national public holidays (but not regional anniversary days), and all days between 25 December and 15 January.{{cite web |title= Criminal Procedure Act 2011 |url=http://www.legislation.govt.nz/act/public/2011/0081/latest/whole.html |work= New Zealand Legislation Online |publisher= Parliamentary Counsel Office |access-date= 11 January 2019}}:5}} The suppression order could not be enforced against media outlets outside New Zealand, and several outlets, particularly in the United Kingdom, chose to publish Kempson's name. Google included Kempson's name in an email it sent to subscribers of its newsletter on trending topics in New Zealand, which claimed that 100,000 searches had been done of the name within the country. Justice Minister Andrew Little and the New Zealand Bar Association criticised the foreign media, saying the publication of Kempson's name endangered his right to a fair trial.{{cite news |url= https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12176375 |title=Bar Association says ongoing suppression breaches in Grace Millane murder case endanger trial |work=New Zealand Herald |date=13 December 2018}}{{cite news |last=Graham-McLay |first=Charlotte |url=https://www.nytimes.com/2018/12/14/business/media/new-zealand-grace-millane-killing-google.html |title=New Zealand Rebukes Google for Airing Name of Suspect in Backpacker's Killing |date=14 December 2018 |work=The New York Times |access-date=17 December 2018}}{{cite web|url=https://www.theguardian.com/world/2018/dec/19/grace-millane-new-zealand-rebukes-google-for-emailing-out-suspects-name|title=Grace Millane murder: New Zealand rebukes Google for emailing out suspect's name|first=Kate|last=Lyons|date=19 December 2018|work=The Guardian }}
Kempson was remanded in custody and appeared in the Auckland High Court on 16 January 2019 where he pleaded not guilty. His identity remained suppressed pending an appeal.{{cite news |last=Leask |first=Anna |title=Grace Millane murder: Accused pleads not guilty, keeps name suppression |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12191047 |access-date=16 January 2019 |newspaper=New Zealand Herald |date=16 January 2019}}{{cite news |title=Man accused of killing Grace Millane pleads not guilty |url=https://www.tvnz.co.nz/one-news/new-zealand/man-accused-killing-grace-millane-pleads-not-guilty |access-date=16 January 2019 |work=1News |date=16 January 2019}} The appeal was heard at the High Court on 7 February; the judge reserved his decision, meaning the order remained in force until the decision was released.{{cite news |last=Smith |first=Anneke |title=Grace Millane: Man accused of murdering British backpacker keeps identity secret – for now |url=https://www.rnz.co.nz/news/national/381941/grace-millane-man-accused-of-murdering-british-backpacker-keeps-identity-secret-for-now |access-date=6 February 2020 |work=Radio New Zealand |date=7 February 2020}} New Zealand police investigated a number of alleged breaches of the name-suppression order. In February 2020 an Auckland businessman, Leo Molloy, was prosecuted for such a breach.{{cite news |last=Owen |first=Catrin |title=Grace Millane: Leo Molloy revealed as businessman charged with naming murderer |url=https://www.stuff.co.nz/national/crime/119288212/grace-millane-murder-leo-molloy-revealed-as-the-businessman-charged-with-breaching-name-suppression |access-date=7 February 2020 |work=Stuff.co.nz |date=7 February 2020}} After initially entering a plea of not guilty, Molloy changed his plea to guilty in June 2020.{{cite news|last=Hurley|first=Sam|date=7 February 2020|title=Grace Millane case: Auckland businessman Leo Molloy pleads not guilty to breaching suppression|work=New Zealand Herald|url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12306645|access-date=7 February 2020}}{{cite news |last=Tokalau |first=Torika |title=Grace Millane: Leo Molloy pleads guilty to naming murderer |url=https://www.stuff.co.nz/national/crime/121940093/grace-millane-leo-molloy-pleads-guilty-to-naming-murderer |work=Stuff |date=25 June 2020}} In April 2021, he was sentenced to 350 hours of community service and a NZ$15,000 fine.{{cite news |last=Owen |first=Catrin |title=Grace Millane suppression breach: Leo Molloy fined $15,000 for naming killer on forum |url=https://www.stuff.co.nz/national/crime/124972405/grace-millane-suppression-breach-leo-molloy-fined-15000-for-naming-killer-on-forum |work=Stuff |date=29 April 2021}} In August 2021 Molloy unsuccessfully appealed his conviction and sentence.{{Cite web |last=Owen |first=Catrin |date=2021-08-01 |title=Grace Millane suppression breach: Leo Molloy appeals conviction and sentence |url=https://www.stuff.co.nz/national/crime/125935606/grace-millane-suppression-breach-leo-molloy-appeals-conviction-and-sentence |access-date=2021-08-01 |website=Stuff |language=en}}{{Cite web|date=2021-08-10|title=Grace Millane suppression breach: Leo Molloy loses appeal against conviction and sentence|url=https://www.stuff.co.nz/national/crime/300379487/grace-millane-suppression-breach-leo-molloy-loses-appeal-against-conviction-and-sentence|last=Owen|first=Catrin|access-date=2021-08-10|website=Stuff |language=en}}
Kempson was formally identified on 22 December 2020, after the Supreme Court of New Zealand rejected his appeal for continued name suppression. It was also disclosed that Kempson had been convicted of nine total charges of rape, sexual violation, threatening to kill, and assault in two sexual violence trials before a judge in October and November 2020 that were independent of the Millane case.
Reactions
Millane's death generated an unprecedented reaction from the New Zealand public.{{cite news|url=https://www.theguardian.com/world/2018/dec/11/grace-millane-murder-grief-new-zealand-british-backpacker|access-date=13 December 2018|title=Grace Millane murder prompts outpouring of grief in New Zealand|date=11 December 2018|newspaper=The Guardian |last=Ainge Roy|first=Eleanor}} Prime Minister Jacinda Ardern made a public apology to Millane’s family on 10 December, saying "on behalf of New Zealand, I want to apologise. Your daughter should have been safe here, and she wasn't". During the press conference, she appeared to be close to tears.{{cite news |url=https://www.theguardian.com/world/2018/dec/10/grace-millane-accused-appears-in-court-for-the-first-time |title='Your daughter should have been safe here': Ardern apologises after Grace Millane murder |newspaper=The Guardian |date= 10 December 2018 |access-date=10 December 2018|last=Ainge Roy |first=Eleanor }}
The University of Lincoln, where Millane studied, said that its community was "deeply saddened" by her death.
Auckland's Sky Tower and Harbour Bridge were lit up in a white ribbon shape from 10 to 13 December to mark her death.{{cite web|url=https://www.stuff.co.nz/national/109233894/Grace-Millane-Aucklands-Sky-Tower-Harbour-Bridge-to-shine-white-for-killed-British-backpacker|title=Grace Millane: Auckland's Sky Tower, Harbour Bridge to shine white for killed British backpacker|work=Stuff |first=Danielle|last=Clent|date=10 December 2018|access-date=10 December 2018}} Candlelight vigils were held on 11–12 December at several locations around New Zealand.{{cite web|title=Queenstowners hold vigil for British backpacker Grace Millane|url=https://www.radionz.co.nz/news/national/378055/queenstowners-hold-vigil-for-british-backpacker-grace-millane|access-date=12 December 2018|date=11 December 2018|work=Radio New Zealand}}{{cite news |url=https://www.newshub.co.nz/home/new-zealand/2018/12/live-vigils-for-grace-millane-held-across-new-zealand.html |archive-url=https://web.archive.org/web/20181212102536/https://www.newshub.co.nz/home/new-zealand/2018/12/live-vigils-for-grace-millane-held-across-new-zealand.html |url-status=dead |archive-date=12 December 2018 |title=Live: Vigils for Grace Millane held across New Zealand|first=Zane|last=Small|date=12 December 2018|access-date=13 December 2018|work=Newshub }}
Journalists Alison Mau and Paul Little criticised the media coverage as an example of missing white woman syndrome, where significantly more media attention is given to "typically white, conventionally attractive" females from middle-class backgrounds who are depicted as "innocent" and "angelic".{{cite web|first=Alison|last=Mau|url= https://www.stuff.co.nz/national/crime/109365685/ali-mau-why-we-grieve-for-grace-millane-and-not-others |title=We've all had the chance to mourn Grace Millane, but the court denies this other slain woman that humanity|work=Stuff |date= 16 December 2018|access-date=17 December 2018}}{{Cite news|url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12176421|title=Paul Little: Grace Millane case highlights a terrible double standard|last=Little|first=Paul|date=15 December 2018|work=The New Zealand Herald |access-date=19 December 2018|language=en-NZ|issn=1170-0777}}
On 10 January 2019, hundreds turned out for Millane's funeral at Brentwood Cathedral in Essex.{{cite news |last1=Owen |first1=Catrin |last2=Butcher |first2=Joanne |name-list-style=amp |date=11 January 2019 |title=Grace Millane: British backpacker killed in New Zealand farewelled at UK funeral |work=Stuff.co.nz |url=https://www.stuff.co.nz/national/crime/109806717/grace-millane-british-backpacker-killed-in-new-zealand-farewelled-at-uk-funeral |access-date=10 January 2019}}
In November 2019, Radio New Zealand broadcaster Colin Peacock criticised the conduct of some foreign media in both the Grace Millane and the concurrent Amber-Rose Rush murder trials, arguing that their breaches of New Zealand name suppression orders threatened the fair trial rights for defendants.{{cite news |last=Peacock |first=Colin |title=Murder trials reported in distressing detail |url=https://www.rnz.co.nz/national/programmes/mediawatch/audio/2018721300/murder-trials-reported-in-distressing-detail |access-date=24 November 2019 |work=Radio New Zealand |date=10 November 2019}} Meanwhile, the Otago Daily Times editorialised that the Millane murder case highlighted that in New Zealand, women were statistically more likely to be victims of violent crimes than men.{{cite news |title=The need to address sexual violence |url=https://www.odt.co.nz/opinion/editorial/need-address-sexual-violence |access-date=30 November 2019 |work=Otago Daily Times |date=23 November 2019}} In late February 2020, The Guardian{{'s}} Sian Norris described using "rough sex" as a murder defence as "grotesque victim blaming."{{cite news |last=Norris |first=Sian |title='Rough sex' as a defence for murder is grotesque victim-blaming |url=https://www.theguardian.com/commentisfree/2020/feb/24/rough-sex-defence-murder-grace-millane |access-date=18 March 2020 |work=The Guardian |date=24 February 2020}}
= Love Grace charity =
In the aftermath of Millane's death, her mother, Gillian Millane, and cousin, Hannah O'Callaghan, founded the charity Love Grace to help women affected by domestic violence. The charity collects handbags and fills them with toiletries for victims of abuse. {{As of|December 2023}}, they had donated 15,600 handbags in the United Kingdom and internationally.{{cite news |url=https://www.nzherald.co.nz/nz/gillian-millane-mother-of-murdered-backpacker-grace-humbled-by-incredible-new-years-honour/GY3CCEWJTFCL7GZMNRRTHVFYDU/ |title=Gillian Millane, mother of murdered backpacker Grace, humbled by 'incredible' New Years honour |date=30 December 2023 |first=Alex |last=Spence |work=The New Zealand Herald |access-date=31 December 2023}} The charity also raises money for the White Ribbon Campaign.{{cite news |url=https://www.1news.co.nz/2023/12/30/grace-millanes-mum-cousin-receive-uk-new-year-honours/ |title=Grace Millane's mum, cousin receive UK New Year honours |date=30 December 2023 |work=1News |access-date=31 December 2023}} In the British 2024 New Year Honours, both Gillian Millane and Hannah O'Callaghan were appointed Officers of the Order of the British Empire, for services to charitable fundraising and tackling violence against women.{{cite news |url=https://www.bbc.com/news/uk-england-essex-67844637 |title=New Year Honours 2024: Grace Millane's family appointed OBEs |date=30 December 2023 |work=BBC News |access-date=31 December 2023}}
Trial and appeals
The trial began on 4 November 2019 with the selection of the jury. Kempson reaffirmed his earlier not guilty plea, with proceedings expected to last five weeks.{{cite news |title=Grace Millane murder accused pleads not guilty |url=https://www.radionz.co.nz/news/national/380217/grace-millane-murder-accused-pleads-not-guilty |date=16 January 2019 |work=Radio New Zealand |access-date=16 January 2019}}{{cite web|url=https://i.stuff.co.nz/national/crime/109917551/grace-millane-man-accused-of-murdering-british-backpacker-pleads-not-guilty|title=Grace Millane: Man accused of murdering British backpacker pleads not guilty|first=Catrin|last=Owen|date=Jan 16, 2019|access-date=2019-01-16|df=dmy-all|work=Stuff}}{{cite news |title=Grace Millane murder trial: Jury selected |url=https://www.rnz.co.nz/news/national/402471/grace-millane-murder-trial-jury-selected |date=4 November 2019 |work=Radio New Zealand |access-date=4 November 2019}} The prosecution led by Crown solicitor Brian Dickey argued that Kempson had strangled Millane to death following a Tinder date. The Crown also testified that, after killing her, Kempson conducted several Internet searches on how to dispose of bodies as well as viewing pornography. Dickey also said Kempson calmly and callously disposed of Millane's body and other evidence, and then created a "labyrinth of storytelling and lies" to cover his tracks.{{cite news|url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12287282|title=Who is Grace Millane's murderer? Unravelling labyrinth of lies and a fatal Tinder date|work=The New Zealand Herald |date=22 November 2019|access-date=22 November 2019}}
Three female witnesses, whom Kempson had also met through Tinder, testified that he liked masochistic and bondage sex including choking. The Crown also presented security camera footage of Kempson and Millane, including his renting a carpet cleaning machine at the Countdown supermarket in Quay Street. A Crown expert witness, pathologist Simon Stables, testified that a postmortem examination of Millane's body had found bruising consistent with someone who had been restrained and asphyxiated.{{cite news |last=Gay |first=Edward |title=The complete evidence the Grace Millane murder trial heard: Inside the case that gripped a nation |url=https://www.stuff.co.nz/national/crime/117623648/the-complete-evidence-the-grace-millane-murder-trial-heard-inside-the-case-that-gripped-a-nation |access-date=22 November 2019 |work=Stuff |date=22 November 2019}}{{cite news |last=Hurley |first=Sam |title=Grace Millane murder trial: Jury hears all the evidence as defence closes case with Whiplr messages |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12286879&ref=art_readmore |access-date=22 November 2019 |work=New Zealand Herald |date=21 November 2019}}{{cite news |title=Grace Millane died 'accidentally during sex', murder accused claims |url=https://www.bbc.com/news/uk-england-essex-50468890 |access-date=22 November 2019 |work=BBC News |date=19 November 2019}} Millane's post-mortem blood alcohol concentration was measured at 106 milligrams of alcohol per 100 millilitres of blood, over the legal driving limit of 50 mg per 100 mL.{{Cite news|url=https://www.stuff.co.nz/national/crime/117257503/grace-millane-murder-trial-accused-cleaned-up-evidence-from-apartment-where-she-died|title=Grace Millane murder trial: Accused cleaned up evidence from apartment where she died|work=Stuff|language=en|access-date=2019-11-22}}
The defence team led by Ian Brookie argued that Millane's death was the result of a consensual sexual "misadventure" between Kempson and Millane. They alleged that Millane had an interest in bondage and sado-masochism and had asked Kempson to choke her during a consensual sex game which went wrong. While acknowledging that Kempson had tried to hide and bury the victim's body, they contended that he had panicked. The defence's expert witness, pathologist Fintan Garavan, contested the Crown's autopsy evidence, claiming that her injuries were consistent with a consensual sex act due to the lack of defensive wounds on Millane's body. Garavan also alleged that the victim's alcohol consumption could have contributed to her death. Defence lawyer Ron Mansfield also argued that Kempson's claiming to be wealthy and successful stemmed from his personal insecurity.
The trial lasted three weeks. The jury, which consisted of seven women and five men, returned a guilty verdict on 22 November 2019 after deliberating for five hours. The verdict was welcomed by Millane's parents, David (who subsequently died of cancer in November 2020){{cite news |last=Earley |first=Melanie |title=Grace Millane: Murdered backpacker's father David Millane has died of cancer |url=https://www.stuff.co.nz/national/300162864/grace-millane-murdered-backpackers-father-david-millane-has-died-of-cancer |work=Stuff |date=19 November 2020 }} and Gillian. Several members of the jury reportedly wept following the verdict.{{cite news |title=Grace Millane murder: Man guilty of killing backpacker in New Zealand |url=https://www.bbc.com/news/uk-england-essex-50512163 |access-date=22 November 2019 |work=BBC News |date=22 November 2019}}{{cite news |last=Owen |first=Catrin |title=Grace Millane murder: British backpacker's killer sentenced to life imprisonment |url=https://www.stuff.co.nz/national/crime/118889606/grace-millane-murder-british-backpackers-killer-to-be-sentenced |access-date=21 February 2020 |work=Stuff |date=21 February 2020}}{{cite news|url=https://www.theguardian.com/world/2020/feb/21/grace-millane-man-jailed-for-life-for-killing-of-uk-backpacker|title=Grace Millane murder: man jailed for life for killing of UK backpacker|work=The Guardian |date=20 November 2019|first= Eleanor|last=Ainge Roy}} In New Zealand, murder carries a mandatory sentence of life imprisonment with a minimum non-parole period of 10 years except when such a sentence would be manifestly unjust (e.g. mercy killings). Judges have discretion to order a longer non-parole period.
On 21 February 2020, Kempson was sentenced to life in prison with a minimum non-parole period of 17 years.{{cite news |last=Hurley |first=Sam |title=Grace Millane's killer sentenced to minimum 17 years in prison |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12310375 |access-date=21 February 2020 |work=New Zealand Herald |date=21 February 2020}}{{cite news |title=Grace Millane murder: Mum confronts killer in court |url=https://www.bbc.com/news/uk-england-essex-51581275 |access-date=21 February 2020 |work=BBC News |date=21 February 2020}} On 18 March, it was reported that Kempson would appeal his conviction and sentence at the Court of Appeal.{{cite news |last=Gay |first=Edward |title=Grace Millane: Backpacker's killer takes case to Court of Appeal |url=https://www.stuff.co.nz/national/crime/119890330/grace-millane-backpackers-killer-takes-case-to-court-of-appeal |access-date=18 March 2020 |work=Stuff |date=18 March 2020}}{{Cite news|last=Ainge Roy|first=Eleanor|url=https://www.theguardian.com/world/2020/mar/18/grace-millane-man-convicted-of-british-backpackers-to-appeal|title=Grace Millane: man convicted of British backpacker's murder to appeal|date=18 March 2020|work=The Guardian|access-date=9 April 2020}} The appeal hearing began in Auckland on 6 August.{{cite news |last=Leask |first=Anna |title=Grace Millane murder: Killer appeals conviction and 17-year minimum jail sentence |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12354061 |work=The New Zealand Herald |date=6 August 2020}}
On 18 December 2020, the Court of Appeal dismissed the appeal, although the Supreme Court ordered that name suppression should remain in place until a further court order. That same day, it was reported that taxpayers had paid more than NZ$400,000 in Kempson's legal aid.{{cite news |last=Owen |first=Catrin |title=Grace Millane: Taxpayers fork out $406k on killer's legal aid costs |url=https://www.stuff.co.nz/national/crime/300188164/grace-millane-taxpayers-fork-out-406k-on-killers-legal-aid-costs |access-date=18 December 2020 |work=Stuff |date=18 December 2020 |archive-url=https://web.archive.org/web/20201218040200/https://www.stuff.co.nz/national/crime/300188164/grace-millane-taxpayers-fork-out-406k-on-killers-legal-aid-costs |archive-date=18 December 2020|url-status=live}}
On 29 June 2021, the Supreme Court dismissed Kempson's application for leave to appeal the verdict, thereby exhausting his legal avenues to overturn his conviction.{{Cite web|title=Judgment of the Supreme Court, Kempson v R [2021] NZSC 74.|url=https://www.courtsofnz.govt.nz/assets/cases/2021/2021-NZSC-74.pdf|website=Courts of New Zealand}}
In popular culture
The Grace Millane case was the subject of New Zealand journalist Steve Braunias' award-winning 2021 book Missing Persons.{{cite news |last1=Braunias |first1=Steve |title=Steve Braunias Missing Persons book extract: The murder of Grace Millane - Jesse Kempson trial on trial |url=https://www.nzherald.co.nz/nz/steve-braunias-missing-persons-book-extract-the-murder-of-grace-millane-jesse-kempson-trial-on-trial/3O3OTGMUJQWP54AQADGKMUIVHE/ |access-date=22 September 2024 |work=The New Zealand Herald |date=21 March 2021 |archive-url=https://web.archive.org/web/20240915115705/https://www.nzherald.co.nz/nz/steve-braunias-missing-persons-book-extract-the-murder-of-grace-millane-jesse-kempson-trial-on-trial/3O3OTGMUJQWP54AQADGKMUIVHE/ |archive-date=15 September 2024|url-access=subscription}} In December 2022, TVNZ released a two-part documentary series on the murder case called Swipe, Match, Murder: The Disappearance of Grace Millane.{{cite news |last1=Maloney |first1=Jim |title=Two-part documentary Swipe, Match, Murder: The Disappearance of Grace Millane coming to TVNZ |url=https://www.stuff.co.nz/entertainment/tv-radio/130556519/twopart-documentary-swipe-match-murder-the-disappearance-of-grace-millane-coming-to-tvnz |access-date=22 September 2024 |work=Stuff |date=24 November 2022 |archive-url=https://web.archive.org/web/20221123192121/https://www.stuff.co.nz/entertainment/tv-radio/130556519/twopart-documentary-swipe-match-murder-the-disappearance-of-grace-millane-coming-to-tvnz |archive-date=23 November 2022}}
On 25 April 2024, a 92-minute documentary on the murder case called The Lie was released in New Zealand cinemas. It was directed by British film-maker Helena Coan and called for consensual rough-sex defence to be banned, hence the title.{{cite news |last1=Tuckett |first1=Graeme |last2=Croot |first2=James |title=Stuff to Watch: The best new movies to see (and avoid) in Kiwi cinemas this weekend |url=https://www.stuff.co.nz/culture/350254780/stuff-watch-best-new-movies-see-and-avoid-kiwi-cinemas-weekend |access-date=15 September 2024 |work=Stuff |date=27 April 2024 |archive-url=https://web.archive.org/web/20240510061039/https://www.stuff.co.nz/culture/350254780/stuff-watch-best-new-movies-see-and-avoid-kiwi-cinemas-weekend |archive-date=10 May 2024|url-status=live}}{{cite news |last1=Garson |first1=Emma |title=New Grace Millane documentary on murder case to air in New Zealand cinemas |url=https://www.nzherald.co.nz/entertainment/murder-case-new-grace-millane-documentary-to-air-in-new-zealand-cinemas/LQSD4MSBM5DNNMJ63I34WNKCDM/ |access-date=15 September 2024 |work=The New Zealand Herald |date=28 March 2024 |archive-url=https://web.archive.org/web/20240905205722/https://www.nzherald.co.nz/entertainment/murder-case-new-grace-millane-documentary-to-air-in-new-zealand-cinemas/LQSD4MSBM5DNNMJ63I34WNKCDM/ |archive-date=5 September 2024|url-status=live}} The film was released on Netflix in September 2024, becoming the stream service's "number one" film in New Zealand.{{cite news |last1=Puschmann |first1=Karl |title=Grace Millane documentary The Lie tells the harrowing truth of the tragedy |url=https://www.nzherald.co.nz/entertainment/grace-millane-documentary-the-lie-tells-the-harrowing-truth-of-the-tragedy/7VGS6PZ5ZFACXNYCWSFAXNGOQI/ |access-date=15 September 2024 |work=The New Zealand Herald |date=6 September 2024 |archive-url=https://web.archive.org/web/20240910211415/https://www.nzherald.co.nz/entertainment/grace-millane-documentary-the-lie-tells-the-harrowing-truth-of-the-tragedy/7VGS6PZ5ZFACXNYCWSFAXNGOQI/ |archive-date=10 September 2024|url-status=live}}
See also
{{Portal|Crime|New Zealand}}
Footnotes
{{Notelist}}
References
{{Reflist}}
{{DEFAULTSORT:Millane, Grace}}
Category:2010s missing person cases
Category:2018 in New Zealand law
Category:2010s murders in New Zealand
Category:2018 crimes in New Zealand
Category:2018 murders in Oceania
Category:Deaths by person in New Zealand
Category:December 2018 crimes in Oceania
Category:December 2018 in New Zealand
Category:Formerly missing British people
Category:Missing person cases in New Zealand
Category:New Zealand–United Kingdom relations
Category:Trials in New Zealand