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