In court
| Published date | 01 June 2017 |
| Date | 01 June 2017 |
| DOI | http://doi.org/10.1177/0264550517705780 |
| Subject Matter | In court |
In court
In court
Nigel Stone, Visiting Fellow in the School of Psychology, University of East Anglia,
reviews recent appeal judgments and other judicial developments that inform sen-
tencing and early release.
General sentencing issues
Mother’s revenge on suspected paedophile
The single motherof five boys aged 12 and younger, S. had become friendlywith an
elderly man (V) who lived on the same estate and she had allowed her older sons to
visit his home unaccompanied and to help him at his shop. Her twins aged 11
complained thatV had touched their genitals through theirclothing and she informed
the police. On arrest he had denied sexual abuse. Following initial remand into
custody V was bailed back to his home address within sight of the family home. In
consequenceS. felt obliged to move out (from a localauthority property for whichshe
had waited for sevenyears) to stay in her mother’s two bedroomedflat. Her sons had
had to leave their schools, no alternative schooling being made available to them,
and she had had no successin her application for suitableemergency rehousing. She
considered it highly unfair that she had been obliged to move while V was able to
remain in hishome. Her oldest son then complainedthat V had sexually assaultedhim
too. Shortly after learning of this development S. returned to her home, drank some
brandy, went to V’s flat armed with a knife and stabbed him eight times to the back,
shoulder, upper arm and chest, including a fatal wound that severed an artery inhis
left elbow. Shortlyafterwards, acting on advicefrom her family, she attendeda police
station, taking the blood-stained knife. In interview she said she had confronted V
about the sexual abuse, an argument had ensued,and she had produced the knife to
scare him and had then lashed out.
On S.’s prosecution for murder the psychiatric evidence was in dispute as to
whether she had a partial defence of diminished responsibility. On her conviction
by the jury of manslaughter on grounds of loss of control (i.e. in circumstances of an
extremely grave character, under the Coroners and Justice Act 2009 s54, replacing
the former defence of provocation) the Crown Court considered a psychologist’s
report and a PSR that drew attention to her continuing deep feeling of guilt that she
Probation Journal
2017, Vol. 64(2) 167–181
ªThe Author(s) 2017
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DOI: 10.1177/0264550517705780
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The Journal of Community and Criminal Justice
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