Murder of Sophie Elliott
Encyclopedia
On 9 January 2008, 22-year-old Sophie Kate Elliott (born 11 June 1985) was stabbed to death by ex-boyfriend Clayton Robert Weatherston (born 9 January 1976), in Dunedin
, New Zealand
. The crime and trial were covered extensively in the news media, and contributed to the government abolishing the partial defence of provocation
in cases of murder.
, and also taught Elliott, who completed an honours degree in economics. On the day she died, she was packing to relocate to Wellington
the next day, and start a job at the New Zealand Treasury
.
northeast of the city centre when Weatherston arrived unannounced, saying he had a farewell present. A short time later Lesley heard her daughter screaming. A New Zealand Police
officer responding to a 111 call from Lesley found Weatherston locked in Sophie's bedroom. When asked what he had done, he told the officer "I killed her". He was then arrested and taken into custody.
, who argued a defence of provocation
. The knife used in the attack came from Weatherston's kitchen; the defence stated he carried it concealed all the time for self-defence. Two psychiatrists also appeared for the defence, stating he has narcissistic personality disorder
.
After a five-week trial the jury returned a guilt verdict on 22 July, and on 15 September Justice Judith Potter
sentenced Weatherston to life imprisonment with a minimum non-parole period of 18 years, saying she believed the killing was deliberate and controlled.
On 13 October 2009, Weatherston's lawyers filed an appeal, claiming there was a 'lynch mob' mentality over his actions.
The news media in November 2009 revealed the victim impact statement of Sophie Elliott's father had been censored at the request of the judge, preventing him from addressing some of Weatherston's claims made during the trial.
. The foundation's main aim is to raise money to fund a nation-wide primary prevention programme and to support local community initiatives which align with the foundation.On 10 June 2011, Elliott's parents launched the book Sophie Elliott—A Mother's Story of Her Family's Loss and Their Quest For Change to present her side of the story while warning young women of the dangers of domestic violence.
attacking the provocation defence. Lithgow also argued that comments made by Law Commission
deputy president Warren Young unduly influenced the Christchurch jury, and challenged the use of photographs of the wounds Weatherston inflicted on Elliott as exhibits. The Crown prosecutor Cameron Mander dismissed these arguments, citing that the jury had been instructed to ignore media coverage of the case and that Young's attack on provocation could not be linked specifically to the Elliott murder. Elliott’s parents and Sensible Sentencing Trust
spokesman Garth McVicar also criticized the appeal.
Three Court of Appeal judges reviewed the 2009 trial and verdict, and on 17 June 2011 denied the appeal on all seven grounds. They said that Judge Potter had sufficiently instructed the jury to ignore media coverage, and that the use of the photographs did not undermine the trial's fairness.
Clayton sought leave of the Supreme Court
to appeal the Court of Appeal's denial, but it rejected this on 13 September 2011.
Clayton's defence, not including the Supreme Court request, cost approximately NZD269,000 in legal aid
.
Dunedin
Dunedin is the second-largest city in the South Island of New Zealand, and the principal city of the Otago Region. It is considered to be one of the four main urban centres of New Zealand for historic, cultural, and geographic reasons. Dunedin was the largest city by territorial land area until...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. The crime and trial were covered extensively in the news media, and contributed to the government abolishing the partial defence of provocation
Provocation (legal)
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge...
in cases of murder.
Background
The relationship had lasted for around six months prior to her death; in court, witnesses described it as troubled. Weatherston had been an economics tutor at the University of OtagoUniversity of Otago
The University of Otago in Dunedin is New Zealand's oldest university with over 22,000 students enrolled during 2010.The university has New Zealand's highest average research quality and in New Zealand is second only to the University of Auckland in the number of A rated academic researchers it...
, and also taught Elliott, who completed an honours degree in economics. On the day she died, she was packing to relocate to Wellington
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
the next day, and start a job at the New Zealand Treasury
New Zealand Treasury
The New Zealand Treasury is a public sector organisation and the Government’s lead advisor on economic and financial policy. Its role is to help the Government improve economic performance and manage scarce resources...
.
Murder
At around 12:30 pm on 9 January 2008, Sophie Elliott and her mother Lesley were at the family home in the suburb of RavensbourneRavensbourne, New Zealand
Ravensbourne is a suburb of the New Zealand city of Dunedin. It is located on the steep southeastern slopes of Signal Hill above the Otago Harbour. It lies on the harbour's northern shore, east-northeast of the city centre...
northeast of the city centre when Weatherston arrived unannounced, saying he had a farewell present. A short time later Lesley heard her daughter screaming. A New Zealand Police
New Zealand Police
The New Zealand Police is the national police force of New Zealand, responsible for enforcing criminal law, enhancing public safety, maintaining order and keeping the peace throughout New Zealand...
officer responding to a 111 call from Lesley found Weatherston locked in Sophie's bedroom. When asked what he had done, he told the officer "I killed her". He was then arrested and taken into custody.
Postmortem
Forensic pathologist Martin Sage performed the postmortem the next day, and found Elliott died from blood loss. Two wounds pierced her heart and one lung, with other wounds to her neck and throat severing the main artery and the major vein. In total she received 216 separate injuries, mostly stab wounds from a knife blade, with some inflicted by scissors. Additionally there were seven blunt force injuries. The pathologist found some defensive wounds, and that the attack targeted aspects of beauty and was intended to disfigure.Trial
At the end of a weeklong depositions hearing during May 2008 in the Dunedin High Court, Weatherston pleaded not guilty and was committed for trial by two justices of the peace. The trial moved to the Christchurch High Court for suppressed reasons, and was scheduled to start on 22 June 2009. Weatherston was represented by Judith Ablett-Kerr QCQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, who argued a defence of provocation
Provocation (legal)
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge...
. The knife used in the attack came from Weatherston's kitchen; the defence stated he carried it concealed all the time for self-defence. Two psychiatrists also appeared for the defence, stating he has narcissistic personality disorder
Narcissistic personality disorder
Narcissistic personality disorder is a personality disorder in which the individual is described as being excessively preoccupied with issues of personal adequacy, power, prestige and vanity...
.
After a five-week trial the jury returned a guilt verdict on 22 July, and on 15 September Justice Judith Potter
Judith Potter
Judith Marjorie Potter, CBE, is a High Court Judge in New Zealand in 1997.Justice Potter graduated from the University of Auckland in 1965, and went on to become a senior partner at law firm, Kensington Swan...
sentenced Weatherston to life imprisonment with a minimum non-parole period of 18 years, saying she believed the killing was deliberate and controlled.
On 13 October 2009, Weatherston's lawyers filed an appeal, claiming there was a 'lynch mob' mentality over his actions.
The news media in November 2009 revealed the victim impact statement of Sophie Elliott's father had been censored at the request of the judge, preventing him from addressing some of Weatherston's claims made during the trial.
Sophie Elliott Foundation
On 6 October 2010, the 'Sophie Elliott Foundation' was launched. The aim of this foundation aims to warn and educate young women of the signs of an abusive relationship. One of the trustees is Kristin Dunne-Powell - who herself suffered abuse at the hands of high profile sports presenter Tony VeitchTony Veitch
Tony Colin Veitch is a prominent New Zealand reporter and sports broadcaster. He hosted a Radio Sport breakfast show and Television New Zealand's ONE News 6pm sports news until mid-2008....
. The foundation's main aim is to raise money to fund a nation-wide primary prevention programme and to support local community initiatives which align with the foundation.On 10 June 2011, Elliott's parents launched the book Sophie Elliott—A Mother's Story of Her Family's Loss and Their Quest For Change to present her side of the story while warning young women of the dangers of domestic violence.
Appeal
On 7 April 2011, Weatherton's lawyer Robert Lithgow QC appealed the 2009 verdict before the Court of Appeal on seven grounds, including that Weatherston did not receive a fair trial due to widespread media coverage, with the magazine ListenerNew Zealand Listener
The New Zealand Listener is a New Zealand magazine. First published in 1939 and edited by Oliver Duff and the Monte Holcroft it originally had a monopoly on the publication of of upcoming television and radio programmes. In the 1980s it lost its monopoly on the publication of upcoming television...
attacking the provocation defence. Lithgow also argued that comments made by Law Commission
New Zealand Law Commission
New Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is a Crown Entity under the Crown Entities Act 2004....
deputy president Warren Young unduly influenced the Christchurch jury, and challenged the use of photographs of the wounds Weatherston inflicted on Elliott as exhibits. The Crown prosecutor Cameron Mander dismissed these arguments, citing that the jury had been instructed to ignore media coverage of the case and that Young's attack on provocation could not be linked specifically to the Elliott murder. Elliott’s parents and Sensible Sentencing Trust
Sensible Sentencing Trust
The Sensible Sentencing Trust, a lobby group based in Napier in New Zealand, promotes harsher court sentences as a means of reducing crime.The Trust states its vision as "A Safe New Zealand" and its mission as "o obtain a large base of community support, and ensure safety for all New Zealanders...
spokesman Garth McVicar also criticized the appeal.
Three Court of Appeal judges reviewed the 2009 trial and verdict, and on 17 June 2011 denied the appeal on all seven grounds. They said that Judge Potter had sufficiently instructed the jury to ignore media coverage, and that the use of the photographs did not undermine the trial's fairness.
Clayton sought leave of the Supreme Court
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
to appeal the Court of Appeal's denial, but it rejected this on 13 September 2011.
Clayton's defence, not including the Supreme Court request, cost approximately NZD269,000 in legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
.