Update
Emma has been give permission by the court to appeal her conviction again with a full appeal hearing taking place on 8th July 2022 before three judges. The ground of appeal is that the ‘householder’ defence should have been been available to Emma. Judgment has been reserved but is expected within 4 weeks.
This is the first time we are aware it is being argued that the so called ‘householder offence’ should apply to a victim of domestic violence.
Further information can be found in here
about Emma
On 5th March 2021, Emma-Jayne Magson was again been found guilty of the murder of her abusive partner, James Knight, after a seven-week long retrial.
The legal team, and campaign group Justice for Women, are today disappointed at the verdict given by a majority jury of 10-2 after 13 hours of deliberation.
Ms Magson, who was 23, killed Mr Knight with a single stab wound to the heart following a night out in 2016. She was subsequently convicted of murder. However, the conviction was quashed and a retrial ordered after an appeal in December 2019 relying on fresh psychiatric evidence suggesting Ms Magson was suffering from an abnormality of mental functioning.
Ms Magson told the jury how bodybuilder Mr Knight, who according to a toxicology report was under the influence of a cocktail of steroids, cocaine, marijuana and alcohol, pinned her to a kitchen worksurface by her neck in an attempt to strangle her. She explained how she lashed out in self-defence with a steak knife that was in reach. CCTV evidence was shown of Mr Knight acting aggressively towards bouncers and by-standers outside a nightclub and having to be restrained by a male friend several times, just hours before the incident. Further CCTV footage showed Mr Knight suddenly and violently pushing Ms Magson to the ground as they walked back to her house shortly before the incident took place.
Despite this evidence of Mr Knight’s aggressive behaviour and the majority of the expert evidence that Ms Magson was suffering from a borderline personality disorder (or social communication disorder), the jury rejected the evidence put forward by defence counsel Clare Wade QC in support of self-defence and diminished responsibility.
This verdict comes just one week after the news that non-fatal strangulation is to become a stand-alone offence and two weeks after the launch of a research report on women who kill their abusive partners.
A spokesperson from Justice for Women said:
“Ms Magson told a number of lies following the homicide which may have influenced the jury decision notwithstanding evidence of violence by Knight.
We are very disappointed by the majority jury verdict which flies in the face of the evidence. This case illustrates many of the issues highlighted in our report on women who kill about a public lack of understanding of the dynamics of abusive relationships and the way in which women in abusive relationships tend to be perceived in the criminal justice system."
Background on 1st trial
23-year old Emma-Jayne Magson killed her partner James Knight in March 2016. She has never denied that she inflicted the fatal stab wound which caused his death. She had loved James despite his demeaning and violent behaviour towards her. Emma was convicted of his murder in November 2016 and sentenced to life imprisonment.
The issues at her first trial were self-defence, lack of intent and loss of control. No psychiatric evidence was advanced on her behalf. Emma did not give evidence.
It was Emma’s mother who contacted Justice for Women on Emma’s behalf. After Emma’s original appeal against conviction was refused by the Court of Appeal, we began campaigning on her behalf and crucially, re-examined the legal issues with a view to presenting some fresh evidence to the Court of Appeal with a view to challenging the original verdict.
Emma met James Knight not long after the end of her relationship with a previous abusive partner. She had in her childhood witnessed domestic abuse and her adolescent and adult relationships with men were characterised, in the main, by her deferential and accommodating role. This background was not explored at her original trial.
As Emma did not give evidence at her first trial. She did not talk about her experience of domestic abuse, both as a child witness and an adult victim.