Danny Dix killing: Three jailed over Rotherham attack – BBC News

Posted July 10th, 2020 in affray, homicide, imprisonment, news, sentencing by sally

‘Three men have been jailed for killing a father-of-one in a fight following a football match.’

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BBC News, 9th July 2020

Source: www.bbc.co.uk

Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com

Campaigners welcome decision to end ‘rough sex’ defence: ‘The criminal justice system has failed so many women’ – The Independent

Posted July 2nd, 2020 in consent, defences, homicide, news, prosecutions by tracey

‘Campaigners have welcomed the government’s decision to address the rising number of killers claiming women died during rough sex by ending the so-called “rough sex” defence.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

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

Delivery driver jailed for broken wing-mirror rage killing – BBC News

Posted June 24th, 2020 in assault, homicide, imprisonment, news, sentencing by sally

‘A pizza delivery driver who killed a man in a “grotesque” overreaction to a broken wing-mirror has been jailed for 14 years.’

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BBC News, 23rd 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

Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers

‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’

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Hardwicke Chambers, 29th May 2020

Source: hardwicke.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

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com

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

Coronavirus: Shop workers should be trained to help abuse victims – BBC News

Posted April 16th, 2020 in coronavirus, domestic violence, families, homicide, news, statistics, victims by sally

‘Supermarket workers should be trained to identify and help domestic abuse victims during the pandemic through a code word system, MPs have been told.’

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BBC News, 15th April 2020

Source: www.bbc.co.uk

Domestic abuse killings ‘more than double’ amid Covid-19 lockdown – The Guardian

Posted April 16th, 2020 in charities, children, coronavirus, domestic violence, families, homicide, news, statistics by sally

‘At least 16 suspected domestic abuse killings in the UK have been identified by campaigners since the Covid-19 lockdown restrictions were imposed, far higher than the average rate for the time of year, it has emerged.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

Levi Ogden death: Man who killed partner by throwing phone jailed – BBC News

Posted April 9th, 2020 in domestic violence, homicide, imprisonment, news, sentencing by sally

‘A mother of two died after her drunken boyfriend threw a mobile phone at her neck during a row, a court has heard.’

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BBC News, 8th April 2020

Source: www.bbc.co.uk

The Supply of DNP that resulted in a Manslaughter Conviction – St Pauls Chambers

Posted March 31st, 2020 in chambers articles, drug offences, homicide, negligence, news by sally

‘EP was a 21 year old who suffered a number of mental disorders, bulimia nervosa, unstable personality disorder, depression and features of dependence syndrome. He had supplied her with DNP over the internet. She had consumed a number of capsules of DNP and suffered a most distressing death as it destroyed her internal organs causing them to fail. There is no effective treatment for what she suffered.’

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St Pauls Chambers, 20th March 2020

Source: www.stpaulschambers.com

Three men jailed over fatal stabbing of London doorman – The Guardian

Posted March 30th, 2020 in homicide, imprisonment, news, sentencing, violent disorder by sally

‘Three men have been jailed over the death of a doorman who was stabbed outside a private party in Mayfair, central London.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

Wembley gang shooting: Trio guilty of mistaken identity murder – BBC News

Posted March 25th, 2020 in gangs, homicide, murder, news by sally

‘Four men have been found guilty of the revenge killing of a shop worker who was shot dead in a case of mistaken identity.’

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BBC News, 23rd March 2020

Source: www.bbc.co.uk

Police drop investigation into pilot over Emiliano Sala plane crash – Daily Telegraph

Posted March 12th, 2020 in aircraft, homicide, news, prosecutions by tracey

‘No further action will be taken against a man arrested on suspicion of manslaughter in relation to the plane crash that killed footballer Emiliano Sala, police have said.’

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Daily Telegraph, 11th March 2020

Source: www.telegraph.co.uk

Eloise Parry: Man convicted over diet pill death – BBC News

Posted March 10th, 2020 in homicide, medicines, negligence, news by tracey

‘An online dealer has been convicted of killing a woman who took toxic tablets sold to her as slimming pills.’

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BBC News, 9th March 2020

Source: www.bbc.co.uk

Yusuf Mohamed death: Pair sentenced for Shepherd’s Bush stabbing – BBC News

Posted March 6th, 2020 in homicide, imprisonment, murder, news, offensive weapons, sentencing by tracey

‘Two teenagers who “fist-bumped” each other after the apparently motiveless killing of a man have been sentenced.’

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BBC News, 5th March 2020

Source: www.bbc.co.uk

Michael Phillips death: Three guilty of burglary revenge killing – BBC News

Posted March 5th, 2020 in burglary, homicide, murder, news by tracey

‘Three men including a company director have been found guilty of killing a man in revenge for a burglary.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk