Press Release: Court of Appeal rejects murder appeal by Rose Lea Cheng– women’s campaigners now demand change in the law

On 25 October 2024, the criminal appeal court rejected an appeal by 25 year old Lea Rose Cheng who was convicted of the murder of 39 year old Dylan Bacon at Liverpool Crown Court on 4 September 2023. Lea Rose remembers nothing of the events that led to fatal stabbing of Dylan, but CCTV evidence provides a compelling account that she was followed home and sexually assaulted by  the deceased. She triggered a domestic abuse panic alarm in her home, where police found her virtually naked with injuries from a stab wound.

 

Her lawyers argued that the judge at trial should have left the partial defence of loss of control to the jury.  The court of appeal rejected this argument saying the evidence was speculative.  This was despite DNA evidence revealing sexual contact and of a ripped bra. She had complained repeatedly to the police and her housing association about a group of men including the deceased taking advantage of her. 

Harriet Wistrich, Director of Centre for Women’s Justice and founding member of Justice for Women stated,

“This judgment illustrates how the defence of loss of control does not serve women who kill in circumstances where they are threatened with male violence.  Instead, most Court of Appeal decisions on loss of control have extended the defence to perpetrators of femicide.  The relatively new defence was  introduced to replace provocation widely seen as favouring men who explode in anger over women who respond out of fear of serious violence.  This case shows how the law still does not work for women and more radical reform is needed.”

Lea Rose Cheng was distraught with the outcome but stated she is committed to continue working with campaigners and lawyers to achieve reform and a greater understanding from the criminal justice system towards women subject to male violence

Press Release: Justice for Lea Rose Cheng! Court of Appeal to consider conviction of vulnerable Liverpool woman found guilty of the murder of predatory male

On 25 October 2024, the criminal appeal court will consider an appeal by 25 year old Lea Rose Cheng who was  convicted of the murder of 39 year old Dylan Bacon at Liverpool Crown Court on 4 September 2023.  Lea Rose remembers nothing of the events that led to fatal stabbing of Dylan, but CCTV evidence provides a compelling account that would support a defence. 

The case raises significant issues about the protection of vulnerable women subject to abuse, police investigations and the court’s approach to victims of sexual violence who offend.

 Justice for Women and Centre for Women’s Justice are supporting Lea Rose Cheng and will be at the court to hear the appeal.

14 March 2022

 Dylan Bacon was one of a group of men that used Lea Rose’s flat as a place to drink  during the pandemic.  She lodged complaints with the police and the housing association that men from the group were turning up late and uninvited and demanding entry to her home.  A panic alarm had been fitted and she had requested a house move because she was unable to manage the situation.

On 14 March 2022, Lea Rose went for a drink with her grandfather in the Old Swan area of Liverpool.  Dylan Bacon spotted them in the pub and went over to sit at their table.

CCTV shows Lea Rose greet Dylan Bacon with a hug and shortly after, he offers her a sip of a drink which she takes.  She is then seen to vomit on to the table. CCTV then shows her leave the pub with her grandfather and walk unsteady on her feet, showing obvious signs of intoxication.  The pair walk towards her grandfather’s home and appear unaware that Dylan Bacon is following them. Dylan enters the Millfield Inn opposite her Grandad’s home and is seen on CCTV watching across the road, towards his bungalow from the window of the pub.

When Lea Rose emerges from her grandfather’s, Dylan Bacon finishes his pint and follows her Day Street, which leads  towards her flat.  It is here the CCTV footage ends. Instead of arriving at her home a few minutes later, she is missing for 90 minutes.

When she is next seen on camera, this time on CCTV outside her block of flats, her clothing is dishevelled and she is missing her t-shirt and hooded top.  Dylan Bacon is still with her and follows a few steps behind into her block of flats.

Two hours later Dylan Bacon emerges from the building with visible bleeding injuries.  He walks the short distance to the next-door block of flats, where he collapses.

He was pronounced dead at the scene having suffered eight incised wounds, one of which was fatal.

When police attended, Lea Rose was wearing a different bra to the black one, which could be seen on CCTV when she enters her block of flats.  The clothes she had been wearing earlier were found in her living room, including knickers and a black bra which had been ripped leaving it unwearable.

Forensic tests found Lea Rose’s DNA on Dylan Bacon’s penile swabs and his DNA was found on the damaged black bra found in her flat.

Although Lea Rose could not remember the events that led to the stabbing – she had been found by police virtually naked, wearing only a nude bra, and was extremely distressed with an incised wound from a knife to her thigh.  She provided evidence that Dylan had previously made unwanted sexual advances towards her, she was not attracted to him and would not have consented to sex with him.  Following her arrest she informed the police of unexpected bleeding when she used the toilet.  However, no forensic examination in relation to this bleeding was offered to her.  And by the time her blood was tested the following afternoon it was impossible to ascertain the extent to which she was intoxicated.

At trial, the jury rejected self-defence and the partial defence of diminished responsibility despite the psychiatrists agreeing on a diagnosis of Complex Post Traumatic Stress Disorder.

 It will be argued before the criminal appeal court that the judge erred in failing to leave the partial defence of ‘loss of control’ to the jury.

 After her conviction, Lea Rose said

 “Women are not safe. Like many women, this isn’t the first time I’ve been followed by a man. I asked to be moved from the area. The authorities could have helped. I will probably never know what happened to me that evening. Where he took me or what he, or others, did to me. Something must have happened for me to stab him”

 

Ends

 

Notes:

 

·      The appeal hearing is scheduled for 10am, Court 5, Royal Courts of Justice

·      Family members and campaigners may be available for interview – please send requests to - Justiceforwomencampaigns@gmail.com

·      Lea Rose has asked for public support on the day. Please arrive early to guarantee space in the public gallery. There will be a protest outside the court from 9.15am

Remembering Stacey Hyde

We are deeply saddened to hear of the death of Stacey Hyde aged only 32.  Justice for Women supported Stacey in her appeal against a murder conviction and subsequent retrial for murder, where a jury, having heard all the evidence acquitted her on grounds of self defence.  Following her release from prison, Stacey struggled to adapt to life outside and remained vulnerable to exploitation.  However, she supported campaigns for justice and spoke publicly to try to raise awareness and bring hope to other women who had fought back in response to male violence.  She is remembered fondly by all at Justice for Women for her vivaciousness and sense of humour. Our condolences go out to Stacey’s family and friends.

Press release: Sally Challen legacy to be tested in two criminal appeal hearings this December

Two appeals by women convicted of the murder of their respective abusive male partners will be considered by the Court of Appeal in December. A panel of three judges will hear Farieissia Martin’s renewed application to appeal her conviction on the morning of 3rd December and a separate panel of three judges will consider the full appeal by Emma-Jayne Magson at an all-day hearing on 10th December.