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NEWSLETTER Summer 2006 C O N T E N T S NEWSLETTER Summer 2006 C O N T E N T S Introduction 3 ‘A new Homicide Act for England & Wales’ 4 Update on Justice for Women cases 6 Men getting away with murder 9 Other news 11 55 Rathcoole Gardens, London N8 9NE • Tel: 07930 824 414 [email protected] • www.justiceforwomen.org.uk Introduction London Justice for Women has a long and Now there can be a gap between the final proud history of feminist campaigning against act committed by the abusive partner and the male violence, and of lobbying for legal homicide. The idea of cumulative provocation change. We are now re-launching in order to is widely understood. challenge male violence and homicide. We hope you will join forces with one of the most The group gathers expert witnesses, lobbies formidable feminist campaigns against male MPs, organises fundraising events and public violence in the UK. meetings and, crucially, supports women for whom we campaign and keeps their morale Justice for Women began life as the Free Sara high. Lawyers in the group and other members Thornton campaign in 1991. Over the past spend a lot of time visiting women in prison, decade the campaign has had some stunning trying to build up as full a picture as possible of successes. In 1991, Justice for Women organised the abuse. a demonstration calling for the release of Sara Thornton, Kiranjit Ahluwalia (for whom the As well as campaigning around individual Southall Black Sisters were running a campaign cases of injustice, we always highlight the to overturn her conviction, supported by wider context of domestic violence and male Justice for Women) and Amelia Rossiter, all of violence against women. The injustice of whom had been jailed for life for killing their individual cases is thus contrasted by ceaseless violent partners. The murder convictions of all examples of men, often with a history of three women were overturned. In 1995, the violence against women, getting away with Court of Appeal also freed Emma Humphreys, murder. convicted of murder at the age of 17 for killing her abuser. Although Justice for Women has been fairly low-profile of late, the group has still been As a result of our campaigns, the Court of active. We are now at a stage of re-launching, Appeal cases of Emma Humphreys, Sara and plan to become more vocal and visible. Thornton and Kiranjit Ahluwalia, changed the Please join the group (if you are not already law of provocation as a defence for murder. a member) and give as much support as you Until the mid 90s, "sudden, temporary loss of are able. Tell others about Justice for control" had to be proved if provocation was Women, send in your membership forms and to be used as a defence. Justice for Women join with us to take action; help us achieve argued that this was inappropriate in cases the high profile necessary to continue making involving domestic violence. a difference. 3 ‘A new Homicide Act for England and Wales’ The Law Commission proposals may make the situation worse for battered women who kill. This year, the Law Commission will be advising Secondly, by limiting provocation to ‘gross’ the government on ways to reform the laws in forms of words or conduct, there appeared to relation to murder and manslaughter. If the be recognition of the concerns we have government follows the advice and enacts always raised about men getting away with new legislation, this will be the first overhaul of murder by relying on the ‘provocation’ of the Homicide Act in 50 years. Justice for Women ‘nagging’ and infidelity and other forms of has contributed to the Law Commission’s behaviour which should not, in our opinion, be consultation and we await the final proposals. even a partial justification for killing someone. We are eager that this may be an opportunity to improve the situation in relation to domestic We argued that this proposed reform to the violence and the law in respect of killing; at defence of provocation should be enacted, the same time we are very concerned that but the government instead referred the matter some of the draft proposals could prove to be back to the Law Commission asking them to a setback for ‘battered women who kill’. conduct a more far-reaching consultation on the homicide laws as a whole. The Law The Law Commission consultation followed one Commission published a consultation paper two years previously in which the government in January 2006 and invited comments from asked the Law Commission to look specifically a whole range of organisations including the at partial defences to Murder, namely the police, lawyers and other organisations that defences of Manslaughter by reason of form part of the Criminal Justice System as well provocation and diminished responsibility. as voluntary groups like Justice for Women. That consultation recognised that the defence of provocation had become almost The consultation paper, ‘A New Homicide unworkable and proposed a re-wording Act for England and Wales’ proposed a new which took into account Justice for Women’s ladder system of offences, introducing for submissions. The proposed new defence the first time in English law the distinction would recognise provocation as a defence between First and Second degree murder, for the first time where the Defendant acted and retaining manslaughter but only for out of a serious fear of violence from the cases where there was no evidence of an deceased and also proposed limiting acts of intention to do serious harm. provocation to “gross provocation”. Thus the Law Commission appeared to be taking First degree murder would be limited to cases into account Justice for Women’s two-fold where there was an intention to kill and no concerns – firstly that women who kill may mitigating circumstances to the offence. The do so more out of a possibly exaggerated mandatory life sentence would be the only fear of the deceased, rather than out of option available for persons convicted of anger, which is a more male response. this offence. 4 ‘A new Homicide Act for England and Wales’ Second degree murder would include cases a further attack, but their actions do not where the person committing the crime meet all the requirements of self defence intended to cause really serious harm but not (which would have led to their acquittal). kill, or was recklessly indifferent as to whether Essentially, even where the sentencing their actions might cause death. Additionally, options might be the same as for those it is proposed that those with the partial defences which may presently reduce a defence of diminished responsibility, murder charge to manslaughter, the Law provocation and duress would be convicted Commission’s proposals can only be seen as of second degree. Sentencing for second signalling that such offences are more serious degree murder would include the full range than is currently the case. We have pointed of options from Life to non-custodial options. out that the stigmatisation associated with a Thirdly, the offence of manslaughter would murder conviction, often a key issue for many remain but would be limited to killings where of the women we have supported, would either the defendant was grossly negligent or remain. Thus women like Kiranjit Ahluwalia and where the defendant’s act was unlawful and Emma Humphreys would, under such a new intended to cause less than really serious regime, again be labelled as ‘murderers’, harm. Sentencing would be limited to a fixed having fought so hard to clear their names. term of years. Finally, consultees were asked We hope the Law Commission will take to comment on whether specific homicide account of our arguments but should they fail offences (with short maximum determinate to do so, we will be asking our supporters to sentences) which do not fall into the regime campaign with us. above, should remain on the statute book, including the offences of infanticide and These proposals are all the more unfortunate, assisted suicide. as the discussions in relation to the offences of provocation and diminished responsibility Our full response to the consultation can be have been mainly very helpful with proposed found on the Justice for Women website. We reforms to both defences representing a step have made strong representations against in the right direction. the proposal that persons able to use the partial defences of provocation or diminished For further information, you can read the responsibility should be convicted of the new Law Commission consultation paper on their offence of second degree murder. Many of website: the individual cases that Justice for Women www.lawcom.gov.uk/murder.htm have supported fall into this category. They and our full response on the Justice for Women include cases where women have suffered website: from severe abuse by the deceased and www.justiceforwomen.org.uk may have been defending themselves or request a copy by email from: against an attack at the time or pre-empting [email protected] 5 Update on Justice for Women cases Rose Swan: Court of Appeal, 7th June 2006 Rose Swan was convicted in February 2002 of guilty and a mandatory life sentence imposed. the murder of John Stevens, a manipulative and violent man who had ‘befriended’ her With the support of Justice for Women, Rose during a period of her life when she was par- was finally granted Leave to Appeal in July ticularly vulnerable. He had regularly been 2005. At her appeal hearing on 7th June 2006, violent to her, had taken control of her medi- the court adjourned for further psychiatric cation and had admitted to raping her while evidence to be obtained.
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