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Tuesday, December 10, 2019

Emma-Jayne Magson: Steak knife murder conviction 'unsafe' - BBC News

The murder conviction of a woman who stabbed her partner to death with a steak knife is unsafe, a court has heard.

Emma-Jayne Magson got a life sentence with a minimum term of 17 years for killing James Knight, in 2016.

The Court of Appeal heard the conviction was unsafe because evidence about her mental health was not put before the trial jury.

Magson, from Leicester, is appealing to have her conviction quashed.

Lawyers for the 26-year-old told three senior judges in London fresh psychiatric evidence suggested she may have been suffering from diminished responsibility at the time of the killing.

Clare Wade QC said Magson suffered from emotionally unstable personality disorder (EUPD).

This "lay in the appellant having endured a childhood which was characterised by exposure to domestic violence", as well as "parental neglect" and being bullied at school, she said.

The court was also told Magson had stabbed Mr Knight - with whom she had a "volatile" relationship - after he had been kicking at her front door "in circumstances where the deceased had been violent to her earlier in the evening".

Her condition "substantially impaired her ability to exercise self-control and that the EUPD provides an explanation for her conduct", Ms Wade added.

She also said experts now agreed "the defence of diminished responsibility... would have been available to her".

Ms Wade also argued Magson was unable to participate fully in her trial, saying her "impoverished verbal reasoning skills, EUPD and social communication difficulties" had "compromised" her ability to properly instruct her lawyers.

Magson has been backed by campaign group Justice for Women.

The organisation also supported Sally Challen, whose murder conviction for killing her emotionally abusive husband with a hammer was quashed in February.

Prosecutors later accepted her plea to the lesser charge of manslaughter on the grounds of diminished responsibility.

Mrs Challen and her son David were among the supporters outside court.

Mr Challen said: "I'm here to support Emma because like my mother, she's a victim of abuse and we need to recognise the true events that led to the death of James."

The hearing continues.

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"Steak" - Google News
December 10, 2019 at 08:04PM
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Emma-Jayne Magson: Steak knife murder conviction 'unsafe' - BBC News
"Steak" - Google News
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