April 16, 2021

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Beyond law

Birmingham: Emma-Jayne Magson uncovered responsible of murder in retrial

Emma-Jayne Magson stabbed her partner with a steak knife (Photograph: PA/SWNS)

A girl who stabbed her companion to dying with a steak knife has been convicted of his murder for a second time adhering to a retrial.

Emma-Jayne Magson, 28, from Leicester, killed 26-12 months-outdated James Knight with a solitary stab wound to the heart in March 2016 soon after a drunken row.

She denied murder at her first demo at Leicester Crown Courtroom, saying self-defence, but was convicted and jailed for existence with a minimum amount time period of 17 yrs at the conclude of 2016.

However, senior judges at the Court docket of Enchantment requested a retrial very last yr immediately after hearing new psychiatric evidence displaying the defence of diminished responsibility would have been accessible to Magson at her 1st demo.

Magson has been convicted of Mr Knight’s murder for a 2nd time (Photograph: PA)

Her next trial took put at Birmingham Crown Court docket the place a jury once again uncovered her responsible of Mr Knight’s murder by a majority verdict of 10 to two on Friday.

As the verdict was examine out, Magson, sporting a pink prime and dark trousers, stood with her palms clasped with each other, masking the decrease section of her facial area.

Later on, she swayed momentarily prior to sitting back again down with her shoulders slumped ahead.

Mr Justice Jeremy Baker advised her she would be sentenced at the similar court docket on March 29.

Magson’s application for a retrial was supported by marketing campaign group Justice for Women.

It was granted just after her lawful staff claiming her murder conviction was unsafe simply because proof about her mental health and fitness was not place ahead of the original jury.

Her lawyers explained to three senior judges she was suffering from emotionally unstable character disorder (EUPD), having endured a childhood which was characterised by exposure to domestic violence and following becoming bullied at university.

Launching Magson’s enchantment in December 2019, Clare Wade QC explained her client experienced a ‘volatile’ connection with Knight – who was stabbed after kicking at her entrance doorway ‘in instances where by the deceased had been violent to her earlier in the evening’.

She submitted that Magson’s situation ‘substantially impaired her capability to work out self-management and that the EUPD presents an explanation for her perform and was a significant contributory element resulting in the applicant to stab the deceased’.

That evidence, Ms Wade argued, meant it is ‘more most likely than not that at the time of the offence, the appellant was struggling from diminished responsibility’.

Ms Wade also argued Magson was unable to take part completely in her trial, indicating her ‘impoverished verbal reasoning competencies, EUPD and social communication difficulties’ experienced ‘compromised’ her skill to effectively instruct her lawyers.

James Knight, 26, was stabbed to demise in March 2016 (Photo: PA)

In their judgment granting a retrial, Lord Justice Fulford, Mr Justice William Davis and Mr Justice Johnson reported: ‘We are confronted with the situation in which the prosecution and defence psychiatric gurus have unequivocally concluded that there is, in their perspective, a powerful foundation for the appellant to contend that the accurate verdict was manslaughter and not murder.

‘On the evidence now offered, we are remaining in no doubt as to whether the applicant was rightly convicted of murder and it follows that the appeal, on this foundation, need to be allowed, given this possibility was not still left for the jury’s thing to consider.’

Through her 2nd trial, jurors were being instructed of Magson’s violent earlier, which contains ‘putting a glass more than someone’s head’ in 2012 and a string of other incidents.

On yet another celebration, the courtroom heard, she threw a vacuum cleaner at her to start with serious companion – prompting his buddy to give her the nickname ‘Mike Dyson’.

Magson denied the hoover incident, and claimed yet another ex lied about staying stabbed by her with a fork.

The a single-time care property employee experienced two former convictions for violence from 2012 a single in which she kicked and pulled the hair of one more lady, and an additional from Oct 27 that calendar year, in which she glassed a further female, even though drunk, cutting the victim’s experience.

Magson will be sentenced on March 29 (Photo: SWNS)
Police cordons at the scene of the killing (Photograph: Leicester Mercury/SWNS)

Jurors listened to there ended up also incidents of violence towards Mr Knight.

In mid-March 2016, times prior to the deadly incident, Magson reported she experienced an ‘emotional breakdown’, submit-miscarriage, and throughout an argument with Mr Knight in his vehicle, ‘ended up kicking out, kicking my legs to his head – I kicked the indicators off’.

On March 21, 2016, a 7 days prior to the stabbing, the pair exchanged textual content messages in which Magson reported ‘we ain’t excellent for just about every other…I am no fantastic for you, acquire care’.

Mr Knight replied: ‘That’s awesome, I’m not there for you to communicate to like shit and hit.’

Prosecutor Mary Prior QC explained to jurors the subsequent deletion of texts, transforming of outfits and hiding of the knife all pointed in the direction of Magson being a ‘perpetrator’ of a deliberate act.

In her closing speech, Ms Prior questioned jurors: ‘In taking a knife and stabbing James Knight in direction of his heart, what else, we say to you, could you intend?’

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