GUILTY NEW ZEALAND - Grace Millane, 22, British backpacker, Auckland, 1 Dec 2018 #3

[jamjim]

12:32pm - Justice Moore again goes over the evidence given by women the accused had previously had sexual encounters with or messaged online.

He outlines the arguments by the Crown and defence for and against the evidence’s relevance and how this may inform the jury about murderous intent.

The judge also does this with each party’s submissions about the lies the accused told.

Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin

 

[LucyRocket]

What have I missed?

Read the 3rd post on this page

 

[stephaniejanes]

For those from the UK , do judges sum up a case in depth like this as well?

This is very different to US courts, judges read jury instructions but they are much drier recitation of elements of a crime and related concepts, they don’t review the contentions of each side in this detail.
Access to a full written trial transcript for the jury is also novel to me

I've sat through a high trial closing before in Scotland, and it wasn't this detailed. More focused on legal definitions and jury responsibilities than summarising the evidence and arguments.

 

[PrimeSuspect]

@jamjim, @LucyRocket, @jaejae and @Kikixxxx ( for yesterdays outstanding effort) Thank you for posting the trial updates!

 

[jamjim]

12.33pm

Justice Moore said the Crown portrayed the accused as a "dominating sexual man who toyed with the safety of women".

But the defence say he made a mistake - further exacerbated by his lies to police - and is not a cold killer.

Justice Moore has also addressed the jury on consent.

He said if the jury found the accused guilty of murder - consent was not an issue.

If they found him not guilty of murder they then had to look at consent in realtion to whether the accused was guilty if manslaughter

He likened consent to playing rugby - a contact sport where a person could be injured but carried on anyway while knowing the risks.

Grace Millane murder trial: What the judge told the jury

...

 

[jamjim]

That was implied consent, he said.

But a person playing rugby did not consent to a further scenario like "a person on the opposition pulling out a knife and stabbing you".

"Consent can be revoked at any time… by words and actions," he said.

"And if someone goes beyond what they consented to - they no longer consent."

He said alcohol was an issue in the realm of consent relating to Millane's death.

"A person does not consent if they were so drunk that they cannot and do not consent," he said.

"Finally.. And significantly, no person can give consent if they are unconscious, for any reason, whatsoever."

He said that meant while Millane was unconscious she was no longer giving consent to anything she had allowed or agreed for the accused to do.

Justice Moore said if the jury believed Millane consented to the accused applying force to her neck - they must acquit the accused on both murder and manslaughter.

"It is a defence if (the accused) honestly believed Miss Millane consented to him putting pressure on her neck…. It does not matter if it was mistaken or unreasonable," he explained.

If they believe she did not consent - they must find him guilty of manslaughter.

Grace Millane murder trial: What the judge told the jury

 

[LucyRocket]

The lies of the accused is the next point in Justice Simon Moore's summing up address.

"We know from the point the accused said he left Grace in the first police interview, he was lying," Justice Moore reminds the jury.

The Crown claimed he threw so much detail into these lies - the Chinese tourists, the 10 beers at a bar - that the "apparent plausibility" of his lies must be remembered when it comes to assessing what he told Detective Ewen Settle in police interview two days later.

The defence asked the jury to consider those lies in context, saying once the accused had embarked on a plan of deception he could not go back on it.

The defence says those were not the "sophisticated lies" the Crown submits that they are.

Grace Millane murder trial: Judge gives closing remarks before jury retires

 

[stephaniejanes]

I really hope the jury don't cop out for manslaughter...

 

[courtkim]

He said alcohol was an issue in the realm of consent relating to Millane's death.

"A person does not consent if they were so drunk that they cannot and do not consent," he said.

"Finally.. And significantly, no person can give consent if they are unconscious, for any reason, whatsoever."

He said that meant while Millane was unconscious she was no longer giving consent to anything she had allowed or agreed for the accused to do

I'm really glad he made this crystal clear. Fact - she couldn't consent.

 

[Kikixxxx]

I've sat through a high trial closing before in Scotland, and it wasn't this detailed. More focused on legal definitions and jury responsibilities than summarising the evidence and arguments.

Yeah that's what i thought too, all the evidence and facts was summarized yesterday by both the crown and defense, it seems a bit unnecessary to go through it all again in this sort of detail when its already fresh in their minds from yesterday... but what do i know eh

 

[CrazyLilBlondie]

Read the 3rd post on this page

Thanks, I still can’t see it mentioned And I’ve read every post in all threads but maybe my posts per page settings are different or something or I can’t keep up

 

[PrimeSuspect]

Okay everyone, it's confirmed, manslaughter is on the table, phew, that's a relief. I was shocked he could walk free if the verdict is not guilty to murder.

 

[Mariposa]

Thanks, I still can’t see it mentioned And I’ve read every post in all threads but maybe my posts per page settings are different or something or I can’t keep up

I think it’s just that it was mentioned in a news item there is a relative of the accused sitting in court listening

 

[Edinlass]

Yeah I thought manslaughter would be.

 

[courtkim]

Thanks, I still can’t see it mentioned And I’ve read every post in all threads but maybe my posts per page settings are different or something or I can’t keep up

It was just that one of the news websites said that the accused has a relative in court today. No more was said than that but it piqued our curiosity!

 

[jamjim]

Thanks, I still can’t see it mentioned And I’ve read every post in all threads but maybe my posts per page settings are different or something or I can’t keep up

#
Flanked between two court security officers he is sitting listening intently to the judge's summation.

The public gallery is packed and alongside Millane's parents, a relative of the accused and a number of police who worked on the investigation are present.

It was a brief mention that someone from his family has come to support him today (presumably!). Not seen any mention of this relative being there before today.

 

[kem922]

I am surprised that there were no signs of a struggle... Is anyone else? I don't read these forums often so am not sure if that is common or uncommon.

 

[LucyRocket]

Thanks, I still can’t see it mentioned And I’ve read every post in all threads but maybe my posts per page settings are different or something or I can’t keep up

12.10pm

During Justice Moore's summary the accused has remained calm in the dock.

Flanked between two court security officers he is sitting listening intently to the judge's summation.

The public gallery is packed and alongside Millane's parents, a relative of the accused and a number of police who worked on the investigation are present.

Justice Moore has touched on the accused's conduct after Millane had died in his apartment.

Crown Solicitor Brian Dickey said his actions were "extremely instructive in terms of what he'd just done before and his intent".

He called on the jury to put themselves in the shoes of the accused.

Grace Millane murder trial: What the judge told the jury

 

[Tortoise]

For those from the UK , do judges sum up a case in depth like this as well?

This is very different to US courts, judges read jury instructions but they are much drier recitation of elements of a crime and related concepts, they don’t review the contentions of each side in this detail.
Access to a full written trial transcript for the jury is also novel to me

Yes, in my experience on a murder trial jury at London Central Criminal Court (Old Bailey). Judge went over all the evidence from a 6 week trial, it took about half a day.

 

[jamjim]

12:44pm - Justice Moore wraps up his summary by reminding the jury that their "task is to reach a unanimous verdict".

It is up to them how much time that takes.

"There is no rush," he adds.

He tells them that if no verdict is reached by 5pm on Friday, the jury will be allowed to go home until Monday.

The jury is then sent away to deliberate.

Grace Millane murder trial: Justice Simon Moore sums up trial before deliberations begin