He's literally stating what the crown said and then what the defence said...
GUILTY NEW ZEALAND - Grace Millane, 22, British backpacker, Auckland, 1 Dec 2018 #3
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He's literally stating what the crown said and then what the defence said...
jamjim
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Justice Moore talks the jury through the credibility and reliability of evidence provided throughout the trial.
Credible evidence, is evidence you can believe. Reliable evidence, is accurate evidence, he says.
"At the time he [the accused] applied pressure to Grace's neck, the Crown must prove he had murderous intent.
"It does so by circumstantial evidence - inference from established facts or evidence that you accept that is credible and reliable."
Circumstantial evidence is often referred to by lawyers like the "strands of a rope". Consider this analogy, Justice Moore tells the jury.
“The Crown does not need to prove each of the individual strands of rope, or evidence, to beyond reasonable doubt. But your job is to decide if all the strands together meet this standard.”
An example of an inference the Crown invites the jury to draw, is that Grace Millane was dead when the accused took intimate photos of her and looked at
, he says.
"The Crown claims: Why else would the accused search "Watitakere Ranges", where Grace was found buried, or "hottest fire", a method of body disposal, if Grace was still alive?
"And, the Crown claims, if she was in fact alive when he did make these searches, this is even worse because he was planning her death while she was still alive,” Moore reiterates.
“The defence describes these searches as random Google searches. There is no evidence the photos are of a dead Grace, it claims,” he says.
Grace Millane murder trial: Judge gives closing remarks before jury retires
Credible evidence, is evidence you can believe. Reliable evidence, is accurate evidence, he says.
"At the time he [the accused] applied pressure to Grace's neck, the Crown must prove he had murderous intent.
"It does so by circumstantial evidence - inference from established facts or evidence that you accept that is credible and reliable."
Circumstantial evidence is often referred to by lawyers like the "strands of a rope". Consider this analogy, Justice Moore tells the jury.
“The Crown does not need to prove each of the individual strands of rope, or evidence, to beyond reasonable doubt. But your job is to decide if all the strands together meet this standard.”
An example of an inference the Crown invites the jury to draw, is that Grace Millane was dead when the accused took intimate photos of her and looked at
, he says."The Crown claims: Why else would the accused search "Watitakere Ranges", where Grace was found buried, or "hottest fire", a method of body disposal, if Grace was still alive?
"And, the Crown claims, if she was in fact alive when he did make these searches, this is even worse because he was planning her death while she was still alive,” Moore reiterates.
“The defence describes these searches as random Google searches. There is no evidence the photos are of a dead Grace, it claims,” he says.
Grace Millane murder trial: Judge gives closing remarks before jury retires
jamjim
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11.08
Justice Moore has instructed the jury on the expert witnesses called - six for the Crown and two for the defence.
"Witnesses are not generally permitted to express opinions, but those witnesses who have got specialist qualifications, experience, are permitted to give opinions," he said.
"That evidence is put before you to help you… but remember this is not a trial by experts nor is it a case of whoever calls the most experts wins.
"You can take the expert evidence into account as part of the overall evidence you need to consider.
"It's up to you whether that evidence was helpful to you in the extent that you accept or reject it."
Justice Moore reminded the jury of the expert witnesses.
The first was from ESR - who spoke about luminol testing at the accused's apartment, blood spots found in the room and about Millane's body being found.
Grace Millane murder trial: What the judge told the jury
...
Justice Moore has instructed the jury on the expert witnesses called - six for the Crown and two for the defence.
"Witnesses are not generally permitted to express opinions, but those witnesses who have got specialist qualifications, experience, are permitted to give opinions," he said.
"That evidence is put before you to help you… but remember this is not a trial by experts nor is it a case of whoever calls the most experts wins.
"You can take the expert evidence into account as part of the overall evidence you need to consider.
"It's up to you whether that evidence was helpful to you in the extent that you accept or reject it."
Justice Moore reminded the jury of the expert witnesses.
The first was from ESR - who spoke about luminol testing at the accused's apartment, blood spots found in the room and about Millane's body being found.
Grace Millane murder trial: What the judge told the jury
...
jamjim
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Another spoke about the DNA of the blood spots, confirming "extremely strong scientific support" that they were from Millane.
The third was an ESR toxicologist who analysed samples from Millane for drugs and alcohol.
She confirmed Millane had alcohol in her system but could not confirm the exact level as once a person died decomposition could either increase or decreased the presence of alcohol.
A pathologist also gave evidenve about Millane's post mortem.
Another expert spoke about injuries the accused had on his body following the disposal of Millane's body.
A fifth spoke about the anatomy of the human neck and strangulation.
The defence called witnesses who spoke about choking and BDSM and sexual practices.
Grace Millane murder trial: What the judge told the jury
The third was an ESR toxicologist who analysed samples from Millane for drugs and alcohol.
She confirmed Millane had alcohol in her system but could not confirm the exact level as once a person died decomposition could either increase or decreased the presence of alcohol.
A pathologist also gave evidenve about Millane's post mortem.
Another expert spoke about injuries the accused had on his body following the disposal of Millane's body.
A fifth spoke about the anatomy of the human neck and strangulation.
The defence called witnesses who spoke about choking and BDSM and sexual practices.
Grace Millane murder trial: What the judge told the jury
jamjim
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11:11 - The evidence given by the woman who alleged the accused suffocated her with his genitals is now being discussed.
Justice Moore goes over the key strands of evidence and the defence's cross-examination.
He again tells the jury that it is up to them to consider the woman's claims and what conclusions may be drawn.
He says if the jury believes it is irrelevant evidence, then it must be put aside. Similarly, even if the jury believes the woman and her claims, they should not use this independently to consider the accused a "bad or evil" person.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
Justice Moore goes over the key strands of evidence and the defence's cross-examination.
He again tells the jury that it is up to them to consider the woman's claims and what conclusions may be drawn.
He says if the jury believes it is irrelevant evidence, then it must be put aside. Similarly, even if the jury believes the woman and her claims, they should not use this independently to consider the accused a "bad or evil" person.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
jamjim
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PART THREE - THE LAW AND THE FACTS
Justice Moore explained that there were two parts to the question trail - murder and manslaughter.
If they found him guilty of murder, they were to go no further.
"Only if you do not do you go on to consider manslaughter, the culpable homicide," he explained.
Only then would the issue of consent come in.
"Consent is not a defence to murder," said the judge.
"The first question is are you sure (the accused) caused Miss Millane's death by applying pressure to her neck - that question has two possible answers, yes or no.
"Assuming you answer that question yes, you go to step two or three if necessary.
Grace Millane murder trial: What the judge told the jury
...
Justice Moore explained that there were two parts to the question trail - murder and manslaughter.
If they found him guilty of murder, they were to go no further.
"Only if you do not do you go on to consider manslaughter, the culpable homicide," he explained.
Only then would the issue of consent come in.
"Consent is not a defence to murder," said the judge.
"The first question is are you sure (the accused) caused Miss Millane's death by applying pressure to her neck - that question has two possible answers, yes or no.
"Assuming you answer that question yes, you go to step two or three if necessary.
Grace Millane murder trial: What the judge told the jury
...
jamjim
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"That is where the concept of murderous intent comes in."
He said the concept of motive was important - and jurors must not confuse it with intention.
"Motive is the reason or emotion that may have prompted a particular act… the Crown doesn't have to prove motive.
"Intention is what result the person intended to bring about - not why they intended to do it."
Justice Moore then spent time explaining the intricacies of murderous intent as described by the Crimes Act.
He said the intentional killing of another person, by law, was murder.
Justice Moore said murderous intent was when a defendant means to cause bodily injury that is known to be likely to cause death, and is reckless whether death ensues or not.
He said the had to be 100 per cent sure that the accused had murderous intent when he put his hands on Millane's neck.
"Are you sure that when he applied pressure to Miss Millane's neck…. Did he intend to cause injury?" he posed.
"If you answer is yes, then you would find (the accused) guilty of murder."
He said if the jury did not believe he intended to cause harm to Millane - he was not guilty of the charge of murder.
Again, they had to be sure beyond reasonable doubt.
"Are you sure when he applied pressure to Miss Millane's neck (he) ran the risk of Miss Millane dying… he nevertheless continued.
"If yes, then (the accused) is guilty of murder.
"In other words (he) must have appreciated Miss Millane's death was a likely consequence… but was willing to run that risk."
Justice Moore said the jury had to establish whether the killing was deliberate and intentional or the result of an act that was known to be dangerous to a person and carried out regardless.
Grace Millane murder trial: What the judge told the jury
He said the concept of motive was important - and jurors must not confuse it with intention.
"Motive is the reason or emotion that may have prompted a particular act… the Crown doesn't have to prove motive.
"Intention is what result the person intended to bring about - not why they intended to do it."
Justice Moore then spent time explaining the intricacies of murderous intent as described by the Crimes Act.
He said the intentional killing of another person, by law, was murder.
Justice Moore said murderous intent was when a defendant means to cause bodily injury that is known to be likely to cause death, and is reckless whether death ensues or not.
He said the had to be 100 per cent sure that the accused had murderous intent when he put his hands on Millane's neck.
"Are you sure that when he applied pressure to Miss Millane's neck…. Did he intend to cause injury?" he posed.
"If you answer is yes, then you would find (the accused) guilty of murder."
He said if the jury did not believe he intended to cause harm to Millane - he was not guilty of the charge of murder.
Again, they had to be sure beyond reasonable doubt.
"Are you sure when he applied pressure to Miss Millane's neck (he) ran the risk of Miss Millane dying… he nevertheless continued.
"If yes, then (the accused) is guilty of murder.
"In other words (he) must have appreciated Miss Millane's death was a likely consequence… but was willing to run that risk."
Justice Moore said the jury had to establish whether the killing was deliberate and intentional or the result of an act that was known to be dangerous to a person and carried out regardless.
Grace Millane murder trial: What the judge told the jury
jamjim
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11.28am
ALCOHOL - THE PART IT PLAYED
Justice Moore said Millane and the accused started drinking soon after they met at SkyCity.
They drank constantly for about four hours - mixing cocktails, beer, tequila, sangria.
He said both the Crown and defence made much of the level of alcohol consumed.
No one could be certain who drank what and whether each drink was finished during the fatal date.
What was confirmed was the purchase of a significant amount of booze - and the fact the couple did not buy any food that night.
He said the CCTV footage captured of the pair could help the jury assess the level of intoxication.
"So how does alcohol fit in here?
"We all know that alcohol can have a disinhibiting effect and people do things when they are drunk that they would not do when they are sober.
"But drunken intent is still an intent.
"Intoxication is not in itself a defence."
Justice Moore said intoxication could speak to the actions of the accused.
"Alcohol can cloud judgement," he said.
"You will determine as a jury the ability (of the accused) to understand the consequence of his actions."
Grace Millane murder trial: What the judge told the jury
ALCOHOL - THE PART IT PLAYED
Justice Moore said Millane and the accused started drinking soon after they met at SkyCity.
They drank constantly for about four hours - mixing cocktails, beer, tequila, sangria.
He said both the Crown and defence made much of the level of alcohol consumed.
No one could be certain who drank what and whether each drink was finished during the fatal date.
What was confirmed was the purchase of a significant amount of booze - and the fact the couple did not buy any food that night.
He said the CCTV footage captured of the pair could help the jury assess the level of intoxication.
"So how does alcohol fit in here?
"We all know that alcohol can have a disinhibiting effect and people do things when they are drunk that they would not do when they are sober.
"But drunken intent is still an intent.
"Intoxication is not in itself a defence."
Justice Moore said intoxication could speak to the actions of the accused.
"Alcohol can cloud judgement," he said.
"You will determine as a jury the ability (of the accused) to understand the consequence of his actions."
Grace Millane murder trial: What the judge told the jury
jamjim
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11:30 - Justice Moore is highlighting the questions the jury must answer before delivering their verdict.
One question they will have to consider is whether there was a form of murderous intent by the accused.
This must be unanimously decided for a murder verdict.
If the jury does not believe murder was committed, they must move on to the question of manslaughter.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
One question they will have to consider is whether there was a form of murderous intent by the accused.
This must be unanimously decided for a murder verdict.
If the jury does not believe murder was committed, they must move on to the question of manslaughter.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
He has to be seen as unbiased. I’m hoping there’s a hint of sarcasm too...like really.
Exactly, which is why I was surprised at the posters saying he seemed biased. I think they may have misread the "he said" part as the judge, rather than the defence lawyer.
jamjim
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11:37 - Discussing Millane and the accused's consumption of alcohol, Justice Moore reminds the jury that "drunken intent is still an intent" and that "intoxication in itself is not a defence".
But intoxication may be relevant to the accused's state of mind.
The court is now taking a short break.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
But intoxication may be relevant to the accused's state of mind.
The court is now taking a short break.
Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin
It’s still difficult to hear. Her poor family. Compassion has to come into this aswell. Legal jargon can appear so cold.
jamjim
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11.55am
After a 15 minute break Justice Moore is continuing his summary.
He is more than half way through.
He said he will go over the final addresses from the Crown and Defence for the jury soon.
While it was impossible for him to revisit the closing submissions of the opposing parties - which took up all of yesterday - but he would touch on the salient points.
If he did not revisit a point it did not mean it was not relevant.
But first Justice Moore visited the pathology of strangulation - how long force needs to be applied to a person's neck before they die.
The accused says Millane died as a result of accidental strangulation during sexual "breath play" or rough sex.
Grace Millane murder trial: What the judge told the jury
...
After a 15 minute break Justice Moore is continuing his summary.
He is more than half way through.
He said he will go over the final addresses from the Crown and Defence for the jury soon.
While it was impossible for him to revisit the closing submissions of the opposing parties - which took up all of yesterday - but he would touch on the salient points.
If he did not revisit a point it did not mean it was not relevant.
But first Justice Moore visited the pathology of strangulation - how long force needs to be applied to a person's neck before they die.
The accused says Millane died as a result of accidental strangulation during sexual "breath play" or rough sex.
Grace Millane murder trial: What the judge told the jury
...
jamjim
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However the Crown say he deliberately strangled her.
One expert told the court the pressure needed to kill a person by strangulation would need to be applied for 5-10 minutes and be "consistent, sustained pressure".
But if the pressure was released and the person could "revive" the "clock started again".
The Crown submit the accused must have known what he was doing and posed that Millane would have been unconscious and "limp" for some time before she actually died.
Crown Solicitor Brian Dickey said Millane's last moments would have been terrible.
He said the act would not have been "consensual, loving breath play" - rather forceful, constant, sustained pressure that would have caused Millane fear, pain and ultimately cost her her life.
The defence refuted the Crown position.
They said Millane's death was entirely consistent with a consensual act whereby the accused applied pressure at the request of Millane.
Alcohol would have exacerbated the situation, according to experts.
But the defence say the circumstances of Millane's death are unclear and not one of the experts could say when she would have lapsed into unconsciousness.
Further there was no damage to Millane's internal neck structures or any signs she tried to fight the accused off.
Grace Millane murder trial: What the judge told the jury
One expert told the court the pressure needed to kill a person by strangulation would need to be applied for 5-10 minutes and be "consistent, sustained pressure".
But if the pressure was released and the person could "revive" the "clock started again".
The Crown submit the accused must have known what he was doing and posed that Millane would have been unconscious and "limp" for some time before she actually died.
Crown Solicitor Brian Dickey said Millane's last moments would have been terrible.
He said the act would not have been "consensual, loving breath play" - rather forceful, constant, sustained pressure that would have caused Millane fear, pain and ultimately cost her her life.
The defence refuted the Crown position.
They said Millane's death was entirely consistent with a consensual act whereby the accused applied pressure at the request of Millane.
Alcohol would have exacerbated the situation, according to experts.
But the defence say the circumstances of Millane's death are unclear and not one of the experts could say when she would have lapsed into unconsciousness.
Further there was no damage to Millane's internal neck structures or any signs she tried to fight the accused off.
Grace Millane murder trial: What the judge told the jury
CrazyLilBlondie
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Thanks for the updates Jamjim
CrazyLilBlondie
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I haven’t actually seen any media post any thing incorrect. They’ve sensationalised and scandalised the evidence that’s come out but I’ve not seen anything completely false, has anyone else?
Kikixxxx
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and possibly his knees pinning her arms or even his 'genitals on her face' might have also stopped her being able to fight him off. UGH . i've just had an awful thought, i wonder if that was the position he was in when he strangled her, it might explain why he didn't see her face struggling or something. he will have been too occupied staring at her feet..
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