Grace Millane murder trial told: You can't consent to being killed

British backpacker Grace Millane died in an Auckland hotel room while on a Tinder date with the man accused of murdering her in December last year (Picture: PA)

British backpacker Grace Millane did not die as a result of her practising BDSM because she would not have given consent for her own death, her murder trial has heard.

The prosecution said of the defence’s BDSM sex evidence: “you can't ask to be killed in this country, you can't consent to murder."

A 27-year-old man is on trial accused of murdering Miss Millane, from Wickford, Essex, in his hotel room after a Tinder date in Auckland, New Zealand.

His defence alleges she died accidentally after being consensually choked during sex on the night of December 1 last year, which was the day before her 22^nd birthday.

The suspect spent five to 10 minutes strangling her before taking "trophy" photos of her body, the prosecution told the jury during its closing argument.

Forensic officers where the suitcase containing Grace Millane's body was found in the Waitakere Ranges, near Auckland

Auckland Crown Solicitor Brian Dickey told the court tens of millions of people practised BDSM, but very rarely would someone die because of it.

Dickey told the jury: "There's not mounting bodies in the streets because someone has touched their neck during a bit of rough sex.”

He added: "You can't ask to be killed in this country, you can't consent to murder."

The prosecutor said it was not “safe sex play” that killed Miss Millane, “it's strangulation”.

"You can't consent to your own murder ... She would have had to consent to someone holding her neck for five to 10 minutes until she passes out… That is just silly."

Grace Millane inside a hotel lift with the 27-year-old male who is accused of her murder (PA)

He said the actions and lies of the accused following Miss Millane’s death “takes us to a compelling case of murder”.

The man suspected of murdering Miss Millane admitted putting Ms Millane's body in a suitcase and burying it in a mountainous woodland area outside Auckland.

He told police he had "freaked out" after finding her dead in the morning after their date.

Defence lawyer Ron Mansfield previously told the jury there was an “absence of any motive”.

Mansfield said his client "panicked out of a fear of the consequence" when he disposed of Miss Millane's body.

The prosecution has completed its closing argument and the defence was set to address the jury.

New Zealand courts have banned reporting the defendant's name and the country's government has asked international media to respect that ruling.

The trial continues.