Klay Holland, who raped and killed Melton home intruder, to remain behind bars
A Melbourne man who bashed, raped and killed an armed intruder who broke into a Melton unit while high on ice has lost his appeal to overturn his conviction. | Warning: Graphic content
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A Melbourne man who bashed, raped and killed a home intruder will remain behind bars after he lost a bid to overturn his conviction.
Klay Edward Holland, 32, was found guilty of rape but acquitted of the manslaughter of a man, 39, who broke into a Melton unit armed with a knife and wearing a mask in March 2021.
The home was a known drug den and the intruder, who was high on ice, demanded drugs and money from the occupants.
Holland, who was a guest, overpowered the man by bashing him with a baseball bat before he hogtied him and repeatedly raped him with the barrel of an imitation firearm.
Police attended the following morning for an unrelated matter where they found the man’s body, still tied up and with duct-tape over his mouth, under bedding.
In 2023, Holland was jailed for eight years with a non-parole period of four years and ten months after a Supreme Court jury found him guilty of rape.
He was acquitted of manslaughter on self-defence grounds.
Holland appealed his conviction, claiming the witness evidence was “so riddled with issues” it could not support a finding of guilt.
Court of Appeal justices Lesley Taylor, Stephen Kaye AM and Terence Forrest on Thursday ruled against him.
In their written reasons, they said the victim’s injuries were consistent with rape and Holland’s DNA was found on the barrel of the firarm.
Two people testified they saw the sexaul assault, while a third described seeing Holland standing near his groaning and gargling victim holding “what looked like a gel blaster gun”.
While their evidence had limitations, the justices said their accounts were supported by each another and other evidence.
“It is sufficient that based on our independent examination of the evidence we are comfortably satisfied of the applicant’s guilt in using the imitation firearm to anally penetrate (the victim),” they said in their written ruling.
Holland will be eligible for parole next year.
Originally published as Klay Holland, who raped and killed Melton home intruder, to remain behind bars