Businessman jailed for killing support worker Belinda Rose – BBC News

Posted June 30th, 2020 in diminished responsibility, homicide, mental health, news, sentencing by sally

‘A businessman who fatally stabbed a support worker in a “savage and brutal attack” has been jailed for 10 years.’

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BBC News, 29th June 2020

Source: www.bbc.co.uk

Wife who beat husband to death with a hammer permitted to inherit his estate: Challen v Challen [2020] EWHC 1330 (Ch) – New Square Chambers

‘On 15 August 2010 Sally Challen beat her husband to death with a hammer, wrapped him in a curtain before washing the dishes and driving home. She was convicted of murder on 23 June 2011 and sentenced to life imprisonment, but last year that conviction was quashed by the Court of Appeal. Before the retrial the Crown accepted a guilty plea to a lesser charge of Manslaughter by reason of diminished responsibility, and Mrs Challen was released, having already served her sentence. The Forfeiture rule prevented her inheriting her husband’s estate or taking their joint assets by succession, and in September 2019 she issued proceedings under the Forfeiture Act 1982 for relief.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

Case Preview: Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset Healthcare University NHS Foundation Trust – UKSC Blog

‘The claimant had a long history of mental health difficulties arising from her diagnosis of paranoid schizophrenia. Following a period spent in hospital detention, the claimant received outpatient psychiatric treatment. During this time, her condition deteriorated and she stabbed her mother to death while experiencing a serious psychotic episode. She was charged with murder and pleaded guilty to manslaughter by reason of diminished responsibility. An independent investigation found that failings by the Trust in her care and treatment meant that a serious incident of some kind was foreseeable based on her behaviour in previous psychotic episodes. The Trust admitted liability to the effect that the claimant’s mother would not have been killed but for its breaches of duty in failing to respond adequately to the claimant’s deterioration in mental health.’

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UKSC Blog, 11th May 2020

Source: ukscblog.com

Justice system smeared our mother, say Sally Challen’s sons – The Guardian

‘Sally Challen was subjected to a false narrative by a criminal justice system that painted her as “a controlling and jealous lover who planned to kill her husband”, her son has said.’

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The Guardian, 8th June 2019

Source: www.theguardian.com

Man found guilty of killing great-niece, 11, in ‘frenzied attack’ – The Guardian

Posted August 17th, 2018 in diminished responsibility, homicide, mental health, news by sally

‘A man who battered his 11-year-old great-niece to death with a table leg has been found guilty of manslaughter.’

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The Guardian, 16th August 2018

Source: www.theguardian.com

Manslaughter: Definitive guideline – Sentencing Council

Posted August 2nd, 2018 in diminished responsibility, homicide, negligence, press releases, sentencing by tracey

‘The new guideline will come into effect on 1 November 2018.’

Full guideline

Sentencing Council, 31st July 2018

Source: www.sentencingcouncil.org.uk

Inquest criticises police over London killing of Dutch academic – The Guardian

Posted July 18th, 2018 in diminished responsibility, homicide, inquests, mental health, news, police by tracey

‘An inquest jury has criticised police failings over the killing of the academic Dr Jeroen Ensink, who was stabbed by a stranger suffering from psychosis as he posted cards announcing the birth of his daughter.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Barbara Coombes sentenced to nine years for killing her father – The Guardian

‘A woman has been sentenced to nine years in prison after confessing to killing her father and burying his body in her back garden in Greater Manchester after a “lifetime of abuse” at his hands.’

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The Guardian, 11th July 2018

Source: www.theguardian.com

Inquest into killing of London academic gets under way – The Guardian

Posted July 2nd, 2018 in diminished responsibility, homicide, inquests, news by sally

‘The widow of academic Dr Jeroen Ensink, 41, who was stabbed to death as he posted cards to friends announcing the birth of his daughter, hopes questions will be answered at his inquest which begins on Monday.’

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The Guardian, 2nd July 2018

Source: www.theguardian.com

Peter Pickering: ‘Beast of Wombwell’ guilty of 1972 rape – BBC News

Posted March 21st, 2018 in diminished responsibility, homicide, news, rape by tracey

‘A convicted child killer dubbed the Beast of Wombwell has been found guilty of raping of a woman just weeks before he raped and killed a schoolgirl.’

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BBC News, 20th March 2018

Source: www.bbc.co.uk

Man jailed for life for lecturer’s murder in south London – The Guardian

‘A man has been sentenced to life in prison for the killing of a university lecturer in Merton, south London.’

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The Guardian, 27th October 2017

Source: www.theguardian.com

Criminal or casualty? – Counsel

Posted October 12th, 2017 in armed forces, diminished responsibility, homicide, mental health, murder, news, war by sally

‘Marine A is a salutary lesson on the pressures of modern warfare and those acting for service personnel, say Shaun Esprit and Jo Morris.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Marine A: Sergeant Alexander Blackman to be released from prison on Friday – The Independent

‘A Royal Marine who was sentenced to life in prison for killing a wounded Taliban fighter in Afghanistan, will be released from prison on Friday, according to the group set up to campaign for his release.’

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The Independent, 27th April 2017

Source: www.independent.co.uk

Royal Marine Alexander Blackman expresses ‘relief’ at sentence cut – BBC News

‘Royal Marine Alexander Blackman has spoken of his “profound sense of relief” after his sentence for shooting dead a wounded Taliban fighter in Afghanistan was reduced.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

Marine A to be resentenced over fatal shooting of Taliban fighter – Daily Telegraph

‘Royal Marine who is in prison for the fatal shooting of a Taliban fighter in Afghanistan finds out today if he is to be freed or must serve more time behind bars.’

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Daily Telegraph, 28th March 2017

Source: www.telegraph.co.uk

Marine Alexander Blackman conviction reduced to manslaughter – BBC News

‘A Royal Marine jailed for shooting an injured Taliban fighter in Afghanistan has had his murder conviction reduced to manslaughter by an appeal court.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

Russell Square stabbings: Zakaria Bulhan detained indefinitely – BBC News

‘A man who admitted killing a US tourist and wounding five others in a rampage in central London last year has been handed an unlimited hospital order.’

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BBC News, 7th February 2017

Source: www.bbc.co.uk

Regina v Wilcocks – WLR Daily

Regina v Wilcocks

‘The defendant was charged with murder. He admitted that he had strangled his partner, but denied murder on the ground that he had suffered a loss of control and that he had a personality disorder such as to give rise to a defence of diminished responsibility. He was convicted of murder. He applied for permission to appeal against conviction on the grounds that the trial judge had: (i) been wrong to decide that the burden of proof in relation to diminished responsibilty lay on the defendant under section 2 of the Homicide Act 1957, as amended, notwithstanding article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms; (ii) misdirected the jury in relation to the words “general capacity for tolerance or self-restraint” in section 54(3) of the Coroners and Justice Act 2009; and (3) failed to give the jury guidance on the meaning of the word “substantially” in section 2(1)(b) of the 1957 Act.’

WLR Daily, 3rd November 2016

Source: www.iclr.co.uk

Poundland stabbing: Trevor Joyce given life sentence for manslaughter – BBC News

‘A mental health patient who fatally stabbed a man in a Poundland store has been sentenced to life imprisonment.’

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BBC News, 6th June 2016

Source: www.bbc.co.uk