Woman who stabbed violent partner freed
The Emma Humphreys case: 'Landmark judgment' strengthens defence of provocation for victims of domestic violence driven to kill
Saturday 08 July 1995
Latest in News
Related articles
On Facebook
From the blogs
Disclosure: We’d never even been to a club when we made our first single
For most of us, reaching eighteen years of age opens up a new world for exploration, spontaneity and...
Top of the posts: Drunken rants, the Western Fail and misogyny pushers
The most read blogs this week, as determined by stats.
Sepp Blatter: Penalty shoot-outs must remain, they’re football’s great leveller
As England supporters, we should scorn at any such deciding factor within football. On so many occas...
Why do some men consider the street as a female meat market?
Pronouncements on sexual inequality in the UK are normally met with an eye roll by my generation. As...
Pale, nervous and very thin, she was engulfed by dozens of cheering women and childrenoutside the courts.
Now campaigners will turn their attention to the cases of 70 other women serving jail sentences for killing brutal partners or husbands - including Sara Thornton, whose case first put domestic violence on the political and law reform agenda.
Yesterday, led by the campaign group, Justice for Women, they immediately called on the Home Secretary to review each case in the light of the appeal court ruling which quashed her murder conviction and substituted a verdict of manslaughter on the grounds of provocation.
Lawyers said the judgment strengthened and clarified the defence of provocation on behalf of victims of domestic violence driven to kill. It spelt out for the first time that not only must trial judges detail any history of abuse, they must also analyse and explain its significance to the jury.
Further, it underscored an earlier Court of Appeal ruling that personality traits - such as "battered wives' syndrome" - and any effects on behaviour, should be taken into account when considering provocation.
Rohit Sanghvi, Miss Hum-phreys' solicitor said: "This is a landmark decision. It means that in future, if there is a doubt, judges must leave cases of abuse and battered women to the common sense of the jury."
The three appeal judges had been told Miss Humphreys, now 27, had led a tragic life of family breakdown, care and institutions. She had started drinking and taking drugs, running away from home and had slit her wrists many times.
In a letter to the judges written from prison, she said she was 12 and at school when she first cut her wrists. "Someone took a little notice and at last I wasn't sent back home. I was 12 and running from hell." At 16 she turned to prostitution.
A year later, in 1985, she was found guilty of stabbing to death Trevor Armitage, a drug addict twice her age who had picked her up off the streets and subjected her to months of beatings, rapes and verbal abuse. He had previous convictions for violence and, said the appeal judges, "a predilection for girls much younger than himself".
But despite his violence and his demands that she continue to work as a prostitute, he had been the only person in her life to tell her he loved her - adding to her confused life.
On the night she killed him, they had come in from a pub where he had been drinking with his son and some male friends. On the way home, he had promised them a "gang bang", causing her grave distress. She went upstairs armed with two knives and slashed her wrists.
Armitage's reaction when he found her was to undress in anticipation of having sex and taunt her about the "pathetic attempt" to cut her wrists. She plunged the knife into his chest, penetrating his heart.
Lord Justice Hirst said that on the night in question there was the cumulative provocation of the drunkenness, the threatened "gang bang", his nakedness posing an unwanted threat of sex and, finally, the "wounding taunt" about her cut wrists - providing the final trigger which caused Humphreys' self-control to snap.
Lord Justice Hirst said the trial judge had failed properly to direct the jury on the cumulative effect on Humphreys of these. Instead he had only given "a mere historical recital, devoid of analysis or guidance, and that was not sufficient".
Sitting with Mr Justice Kay and Mr Justice Cazalet, he concluded that the trial judge had also given a "fundamentally flawed" direction when he told the jury to ignore evidence of Humphreys' "abnormal personality" - a trait which had developed out of her "miserable" history. This included immaturity and the attention-seeking habit of cutting her wrists. "It was clearly open to the jury to conclude that the provocative taunt (which led to the killing) inevitably hit directly at this very abnormality, and was calculated to strike a very raw nerve, " he said.
At a press conference after the hearing, Miss Humphreys vowed to fight for further changes in the law, alongside the women who campaigned for her. In the meantime, she is to receive counselling and help to her rebuild her life.
- 1 Brazil rocked by abortion for 9-year-old rape victim
- 2 News in pictures
- 3 Britain's waste: Now it's coming back to haunt us
- 4 Tory chief Warsi failed to declare rent income from flat
- 5 In pictures: The bewildering face of China
- 6 Osborne to face questions over links to Murdoch
- 7 Facebook: The shares shenanigans
- 8 Is Ridley Scott the most macho man in movies?
- 9 Günter Grass attacks Merkel for Athens policy
- 10 Exclusive dispatch: Assad blamed for massacre of the innocents
- 1 Brazil rocked by abortion for 9-year-old rape victim
- 2 Society: The only way is Finland
- 3 Osborne to face questions over links to Murdoch
- 4 Fat? Really? Olympic hope laughs off official’s jibe – but others aren’t amused
- 5 Is Ridley Scott the most macho man in movies?
- 6 'Hello mum, this is going to be hard for you to read ...'
- 7 Exclusive dispatch: Assad blamed for massacre of the innocents
- 8 Coke reveals its secret: It may need to carry a cancer warning
- 9 French in uproar over oral sex anti-smoking posters
Experience the Heineken Hub
Get free wi-fi and exclusive i content while you enjoy a tasty pint of Heineken at participating pubs.
Can you imagine a career in teaching?
Be inspired to teach - let real teachers show you how rewarding the job can be.
Playing a game-changing role during the Games
Cisco is providing the solutions for London 2012's complex IT needs.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Career Services
Day In a Page
The secret life of the red carpet
Up and away – how '7 Up' went global



Comments