Summary of Judgment - R v Stephen McKinney (sentencing)
| Jurisdiction | Northern Ireland |
| Neutral Citation | Summary of Judgment - R v Stephen McKinney (sentencing) |
| Court | Lands Tribunal (Northern Ireland),Court of Judicature (NI) |
| Date | 25 November 2021 |
Judicial Communications Office
1
25 November 2021
COURT SENTENCES FOR MURDER OF LU NA McKINNEY
Summary of Judgment
Madam Justice McBride, sitting today in Belfast Crown Court, imposed a minimum period of 20
years imprisonment on Stephen McKinney for the murder of his wife Lu Na McKinney on 13 April
2017.
Factual Background
At 1:15 am on 13 April 2017, Stephen McKinney (“the defendant”) made a 999 call stating that his
wife had fallen into the water at Devenish Island, Lough Erne. When the police and RNLI arrived
they saw a body in the water almost touching the stern of the boat which was moored at the jetty
and which had been hired by the defendant for a family break. The police and RNLI retrieved Lu Na
McKinney (“the deceased”) from the water and carried out CPR but she was pronounced dead at
2:52 am. A port-mortem report found that the deceased died as a result of drowning and that she
did not have any injuries consistent with a struggle. A blood sample showed that she had Zopiclone,
a drug for insomnia, in her blood and that this was above the therapeutic level.
The Crown case against the defendant was a circumstantial one as he was the only eye witness
present when the deceased entered the water. The defendant denied any involvement in his wife’s
death contending that she died as a result of a tragic accident by falling into the lough. The Crown
evidence was comprised of a number of strands and contended that when considered collectively the
inescapable inference was that the defendant had murdered his wife.
The court heard evidence that the deceased had attended a solicitor on 11 November 2016 with a
typed letter setting out the difficulties in her marriage to the deceased including that he had an affair
when they lived in China. The court also heard evidence from friends of the deceased about the
defendant’s coercive controlling behaviour. The judge was satisfied that the defendant manipulated
and controlled the deceased and treated her in an abusive and degrading fashion throughout their
marriage.
The court also heard from an expert on the effect of the drug Zopiclone. A photograph taken by the
defendant at around 10.30 pm on 12 April 2017 showed the deceased asleep and it was agreed that at
that stage she had achieved “Zopiclone induced sedation”. The expert stated that the only way a
person in this state can be awoken is by partial awakening or external stimuli. The judge was
satisfied the jury were satisfied beyond reasonable doubt that the defendant lifted the deceased and
placed her in the water and because she was comatose as a result of Zopicloone she was vulnerable
and unable to resist. She added that if wrong about that the alternative possibility was that the
defendant pushed the deceased into the water. He knew the deceased had taken Zopiclone that
evening and was aware of the effects it had on her:
“In either scenario therefore the deceased was vulnerable due to the consumption of
Zopiclone. Further, in both scenarios the actions of the defendant show premeditation.
He organised the trip and ensured that his wife Lu Na was placed in a situation where
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