Burned Alive by Boyfriend Who Prevented Onlooker Assistance

Crime:  Murder
Occurred: 1 June 2010
Sentenced: 19 October 2011
Where: Safeway Service Station, Mountain Highway, Bayswater
Convicted: David Warwick Hopkins
Victim: Nicole Joy Millar

What happened?
On a Tuesday morning, David and his de facto partner Nicole dropped off Nicole’s son at Bayswater Secondary College.  They then drove to Woolworths where the CCTV recorded them stopped in the car park for about five minutes.  No one knows what was said during these few minutes.  Nicole then drove into the Safeway Service Station. David got out of the car, grabbed the petrol pump, went back into the car and began spraying petrol all over Nicole, restraining her from getting out of the car even though she was sounding the car horn and screaming for help. Removing a knife from his pocket, he slashed her throat and then lit her alight with a cigarette lighter. He jumped out of the car as his partner was engulfed in flames.

Nicole managed to drag herself out of the driver’s door, falling to the ground.  For three minutes and 21 seconds she writhed on the ground in agony, screaming for the whole time, while David stopped anyone from coming to her assistance, telling them “fuck off, I’m going to kill you”.  He stabbed himself with a knife he had been carrying in the chest and throat (superficially).  The whole event was captured on CCTV. David stood by and said “burn bitch burn” and “hurry up and burn”.

The fire quickly destroyed the car.

Eventually, when a member of the public in desperation tried to run over David in his car, David left the scene and onlookers extinguished the flames on her charred body. David, who had fled, was later found at the back of a church by police and was sprayed with capsicum spray three times which failed to have any effect.  He held onto the knife in a standoff with police for two hours before surrendering.

Nicole's daughter, Ashley, misses her Mum.

Nicole was taken to hospital where she begged an anaesthetist “please don’t let me die”.  However, her burns were too severe for survival.  Doctors could only place her into a painless sleep; she died later that same evening.

Victim's background
Nicole was 42 when she was murdered.  She had been involved in a string of abusive relationships throughout her life.  She was a cleaner and then a driver for an automotive firm.  She was a regular drug user and had three children aged from 15 to 22.  Nicole moved in with David two years earlier and he proved to be no exception to her pattern of destructive relationships.  In the days leading up to her death, David would come to Nicole’s work place threatening to kill her and physically abusing her and her employer.  People who knew her said that she was terrified of David.  However, between the workplace incidents and the day of her death, she had reconciled with David and they were happy that morning when they dropped off her son to school.

The onlookers

The witnesses to this event were extremely traumatised.  Some tendered victim impact statements to the court.  One man suffered post traumatic disorder to such an extreme extent he has spent several months since in a psychiatric hospital.  Another person is unable to go to the petrol station anymore.  Another witness speaks of her distress at approaching the victim and then fleeing in horror: “I just ran away, I could not bear to look at the girl. She had plenty of people to help her and the sight of her was just horrific…I haven’t been able to sleep at all since it happened.”

In sentencing the judge described David’s actions as ‘the worst kind of viciousness and sadistic behaviour that a court is likely to ever see’.

The petrol station where the murder occurred.

Convicted's background

David was 40 at the time of the murder.  He was one of seven children and has a twin brother.  His father was a fireman and his mother was a housewife. Suffering with dyslexia, he repeated Year 7 (during which time he also hit a teacher) and was expelled from a technical school in Year 8 after abusing the principal. 

David arrives to Court for sentencing.

He had a range of mostly unskilled jobs ranging from tree lopper, petrol attendant and constructing pool tables before building up a successful business in shedding which collapsed due to his drug addictions which ranged from heroin, ice, prescription drugs and anabolic steroids.

David has three sons to two different women.

In the 24 hours leading up to Nicole’s death, David consumed a cocktail of drugs but his calmness upon arrest and lucid behaviour leading up to the incident led experts and the court to believe that he was not in psychosis during her murder.

Outcome of trial: David pleaded guilty to murder.  There was no need for a trial.

Sentence: David was sentenced to imprisonment for life.  Such a sentence is not limited to a specific time such as 25 years – a life sentence is for life.  The court can refuse to set a minimum sentence.  However, in this case the judge did set a minimum of 30 years before David will be eligible for parole.  Even David’s lawyer did not argue that a life sentence was not appropriate.

You can read the judgement here.  Media coverage is available here and here.