The Supreme Court judgement said it was common ground that Kempson killed Millane by applying pressure to her neck. But the defence had argued that Millane had consented to this action, while denying there was murderous intent. "The conclusion of both courts is that consent does not, at least in the circumstances of this case, provide a defence to the intentional infliction of bodily injury known to be likely to result in death," the ruling read. "There is insufficient doubt as to that conclusion to warrant leave being granted. This is because it is difficult to see how a court could responsibly hold that consent is a defence to violence carried out with murderous intent.