https://www.dailymail.co.uk/news/article-7776265/Emma-Jayne-Magson-convicted-murder-boyfriend-goes-Court-Appeal-Sally-Challen.htmlMother jailed for life stabbing abusive lover to death appears at Appeal Court to challenge conviction on grounds of diminished responsibility as Sally Challen joins family after overturning her own murder of violent husband
Emma-Jayne Magson, 23, was jailed for life after stabbing boyfriend in the heart
Magson was said to be in a 'volatile' relationship with boyfriend James Knight, 26
She was described as 'cold, brutal and manipulative' during her trial in 2016
Court of Appeal heard she may have been suffering diminished responsibility
By Rod Ardehali For Mailonline
Published: 13:29, 10 December 2019 | Updated: 15:37, 10 December 2019
The conviction of a woman for the murder of her boyfriend is unsafe because evidence about her mental health was not put before the trial jury, the Court of Appeal has heard. Emma-Jayne Magson, 26, of Leicester, killed 26-year-old James Knight with a single stab wound to the heart in March 2016, following a drunken row between the pair. The pair had a toxic relationship with Mr Knight regularly checking her phone, insulting her and assaulting her when drunk, according to lawyers for Magson who was found guilty of murder and sentenced to life in prison in November 2016. Her legal team have now told three senior judges fresh psychiatric evidence suggests Magson may have been suffering from diminished responsibility at the time. Her mother Joanna Smith was joined at the Court of Appeal in London today by Sally Challen, who this year had her conviction for murdering her abusive husband overturned and replaced with manslaughter. The 65-year-old struck her husband 20 times with a hammer and was jailed for life but she was freed after her lawyers successfully argued she had been in a coercive relationship. The hearing was told Magson had a traumatic childhood leaving home at 13 to live with her boyfriend and found it hard to leave abusive relationships. She appeared over a video link from HMP Peterborough with purple strands in her back hair wearing a black top and a patterned silk scarf. Dr Gareth Garrett, who met with Magson while she was in prison told the Court of Appeal: 'She said she felt completely alone in the world. She had the miscarriage and the deceased had moved out. She said she feared being alone. She said she was desperate for children that was what was driving her behaviour. She said that longing meant she stayed in abusive relationships longer. She felt her life was immediately under threat and grabbed the nearest thing to her and struck the defendant with it.'
Clare Wade, QC, for Magson, said the case was 'very rare' and she should have had a court 'intermediary' by her side to help her throughout the trial. Referring to the attack, Ms Wade added: 'The appellant was noted to have bruises around her neck. It was the appellant's case that this must have been caused when the deceased grabbed her round the throat in the kitchen. She was interviewed by the police over the course of two days. She gave a prepared statement which had been completed after the second interview, but it was not handed in until she was charged. That prepared statement covered a previous history of domestic violence between the appellant and the deceased. Specifically, it stated that on 31 December 2015 the deceased punched the appellant in the face and police were called. On the way back from hospital following her miscarriage the deceased had been verbally abusive towards the appellant and had pushed her over. On March 25 the deceased had grabbed her by the arms and kicked her leg after going through her phone.'
She added that she believes Magson was not capable of making decisions and may be autistic. She told the court: 'She gave her instructions and she did not make any tactical decisions, any tactical decisions were made by her advisors. She was not in any position to make informed decision about the way in which her defence was run or what defence she would be running because she had not had the assistance she ought to have had. This appellant gave an account which was lacking in any real detail about the index offence. We believe she was on the Autistic spectrum at the time. It seems in our submission that when this case is looked at in the round it difficult to say who was taking an overall responsibility for how the case was going to be prepared. The reality was this was a murder trial. This was a woman who the defence had evidence was on the autistic spectrum and it would have to be looked at whether that was relevant, and it simply wasn't.'
Magson has since told Dr Garrett that she had taken her lawyer's advice to 'keep her head down' so she had no eye contact with the jury. She told the doctor she felt may have affected how she came across during the trial. The appeal against murder is brought on the grounds that she could not participate fully in her trial due to the absence of an intermediary and diminished responsibility for her actions. The case is being heard before Lord Justice Fulford, Vice President of the Court of Appeal Criminal Division, Mr Justice William Davis and Mr Justice Johnson continues this afternoon.
