Pleas in Murder Cases
| Date | 01 August 2004 |
| Published date | 01 August 2004 |
| Author | James Morton |
| DOI | 10.1350/jcla.68.4.265.36518 |
| Subject Matter | Opinion |
OPINION
Pleas in Murder Cases
James Morton
The criminal justice system is full of traps and pitfalls for both the wary
and the unwary, and a recent case highlights the need to look closely at
the necessity for the mandatory life sentence in murder cases. It also
brings into play the questions of plea bargaining and over-charging the
defendant.
It is another of those cases where a householder has killed an in-
truder. I think this is the third in recent times in which a prosecution has
followed. In the first, Tony Martin, the owner of an isolated and derelict
farm house, shot and killed a young man who, with his companions,
was carrying out a night-time burglary. Martin was convicted of murder,
but the Court of Appeal quashed the conviction because of his mental
state and substituted a five-year sentence for manslaughter ([2001]
EWCA Crim 2245). The case caused a considerable furore and it seems
that, with the possible exception of Lord Archer, Martin became the
most publicly supported person in prison.
At the end of 2002 came the case of Barry-Lee Hastings who believed
his wife and child were at risk when he confronted a burglar at his wife’s
home. He stabbed and killed the burglar. In fact, the wife and child were
not there. Hastings was charged with murder, but was convicted of
manslaughter. He also received a five-year sentence, which the Court of
Appeal reduced to three years ([2003] EWCA Crim 3730, The Times (12
December 2003)).
Now there is the case of Brett Osborn who on the August Bank Holi-
day 2003 killed Wayne Halling who had forced his way into the house in
the middle of the night while Osborn and his friends were watching
television. It is almost impossible without a sight of the original state-
ment to reconstruct matters completely, but it seems generally agreed
that Halling in the midst of a cocaine or possibly crack-induced delusion
had been in the area smashing windows with his fists and head and by
the time of the confrontation had some 90 injuries. One of the people
with whom Osborn had been watching television went into the street to
see what the commotion was about. Halling, mistaking her for another
woman, grabbed her and pushed her against a car. She ran back into the
house, but was unable to hold the door against him as he pursued her.
Osborn struggled with him and knocked him down, but Halling got to his
feet and came towards him. Osborn then took a six-inch serrated steak
knife and stabbed Halling five times, once in the back. Amazingly when
the paramedics arrived Halling would not let them treat him, fighting
them off, and had to be handcuffed by the police.
The Crown Prosecution Service charged Osborn with murder. As is
current perceived practice, the victim’s family were consulted and they
pressed their view that Osborn should be charged.
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