Andrew Innes set to appeal conviction and sentence for murdering Bennylyn Burke and her daughter Jellica | UK News | Sky News

Andrew Innes set to appeal conviction and sentence for murdering Bennylyn Burke and her daughter Jellica

Andrew Innes, 52, had denied murdering Bennylyn Burke, 25, and toddler Jellica at his home in Dundee, and instead lodged a special defence of diminished responsibility.

Andrew Innes arrives at Edinburgh High Court where he is on trial charged with the murder of Bennylyn Burke and her two-year-old daughter, Jellica. The murders are said to have taken place at a house in Troon Avenue, Dundee, between February 20 and March 5 2021. Picture date: Thursday February 2, 2023.
Image: Andrew Innes pictured arriving at the High Court in Edinburgh during his trial
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A man who murdered a woman and her two-year-old daughter before burying their bodies under his kitchen floor plans to appeal his conviction and prison sentence.

Andrew Innes, 52, was earlier this month jailed for life and ordered to serve a minimum of 36 years behind bars for the murders of Bennylyn Burke, 25, and toddler Jellica.

Innes hit Ms Burke on the head with a hammer. He then stabbed her with a samurai sword before bludgeoning her with the handle of the blade and the hammer.

A few days later, he then asphyxiated Jellica before burying both bodies under the kitchen floor of his house in Dundee.

Undated handout photo issued by Police Scotland of Bennylyn Burke, 25, and her two-year-old daughter, Jellica. Police have formally identified them as the two bodies which were recovered from a house in Troon Avenue, Dundee. They were reported missing from their south Gloucestershire home on March 1, having been last seen on February 17. Issue date: Thursday April 1, 2021.
Image: Bennylyn Burke, 25, and her two-year-old daughter, Jellica

Ms Burke, originally from the Philippines, moved to Bristol a few years ago and met Innes via an online dating site.

Innes admitted the killings but had denied murder and instead lodged a special defence of lacking criminal responsibility and diminished responsibility.

During his testimony, he described the hammer as "not a useful weapon", adding: "If this was premeditated in any way it would have been way cleaner."

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Asked why he killed Jellica, Innes replied: "Because I was insane as a result of the steroids."

The jury had been told that Innes had taken steroid medication for a condition and had not slept at the time of the deaths.

B & Q
Image: Innes pictured buying a hammer in B&Q on the day of Ms Burke's murder

However, the judge ruled there was insufficient evidence to support Innes's defence that the medication had caused him to suffer steroid-induced psychosis which led to him going "insane".

Following a trial at the High Court in Edinburgh, Innes was also found guilty of sexually assaulting Jellica, raping a primary-school aged child and attempting to defeat the ends of justice.

During sentencing, Lord Beckett stated the charges were "amongst the very worst crimes which have come before the High Court".

Bennylyn Burke with her daughter Jellica
Image: Ms Burke with her daughter Jellica

Read more:
Andrew Innes jailed for at least 36 years
Andrew Innes told police officer: 'She's under the floor'
Double murder suspect 'apocalyptically angry' before hitting woman with a hammer

The crimes took place at Innes's house in Troon Avenue, Dundee, between 20 February and 5 March 2021.

Police activity at a house in Troon Avenue in Dundee. A 50-year-old man was arrested at a property in Troon Avenue, Dundee, on Friday in connection with the disappearance of Bennylyn Burke and her two-year-old daughter Jellica. Picture date: Monday March 8, 2021.
Image: Police activity at Innes's house in Dundee in March 2021

The software engineer has now launched a bid for freedom and intends to challenge both his conviction and sentence.

A spokesperson from the Scottish Courts and Tribunals Service told Sky News: "The court has confirmed a notice of intention to appeal against conviction and sentence was lodged on 17 February.

"Currently any note of appeal should be lodged by 14 April 2023."