The partial defence of loss of control for murder has been relevant and, in some ways, controversial since its establishment in 2009 through section 54 of the Coroners and Justice Act.[1] The concept has become particularly relevant recently in the case of Penelope Jackson who was convicted of murdering her husband of 25 years after stabbing him a total of 3 times. The defendant’s reasoning for doing so was that her husband had provoked her through antagonising her, and her ability to stand up for herself.[2] However, the defence of provocation was abolished through section 56 of the Coroners and Justice Act 2009 following concerns that the defence was being used to excuse the killing of another person under the Queen’s Peace on trivial grounds. Therefore, she and her legal counsel opted for the partial defence of loss of control.
Penelope Jackson claimed that her husband was violent and coercively controlling and that he has ruined her celebrations through his belittling of her. The evening of the stabbing, the pair had shared a meal with their daughter and son in law over zoom. Yet despite the daughter’s reasonable belief that the argument had subsided over time, Mr Jackson called the emergency services after being stabbed by his wife, who went on to do it again a further two times while he was on the phone. She claimed after taking the phone from her husband that she had ‘had enough’.
However, to contrast this with how she reacted in court, the defendant appeared to take on a much more distressed attitude, saying during the trial that ‘I didn’t intend anything. I had lost the plot, I had reacted.’[3]
While it was established in R v Gurpinar that the loss of control need not stem from anger and instead from more empathetic emotions such as sadness, guilt or fear,[4] it is to be argued that Penelope Jackson naturally manifested her actions through her desire for revenge for her husband’s treatment of her and infidelity over the years. However, section 54 (4) of the Coroners and Justice Act 2009 states that the desire for revenge will result in the failure of the partial defence of loss of control.[5]
With regards to the judgement, Penelope Jackson has been sentenced to a minimum of 18 years in prison following a majority vote and a five-hour deliberation by the jury composed of eight women and four men. Judge Martin Picton picked up on the fact that the defendant did not appear to display a ‘shed of remorse’ for the murder of her husband and this was part of his reasoning for his decision to add an additional three years onto the minimum fifteen-year sentence given to Jackson[6]
So, should Penelope Jackson’s claim of loss of control have been allowed by the court? While her claims of abuse over the years are too trivial to comment on in this article, it is evident through the chilling video which was captured by the officers who arrived at the defendant’s home following the 999 call that Penelope had some form of gripe towards her husband. However, I would assert that this never justifies one to take another’s life, and because of her actions, the late couple’s daughter Isabelle, her husband and their unborn child are the directly affected individuals who will bear this burden of pain for the rest of their lives.
It is yet to be seen as to whether Jackson will appeal and use the other partial defence of diminished responsibility to have her charge altered to manslaughter and thus her time in prison potentially reduced.
Bibliography
[1] Coroners and Justice Act 2009” (Legislation.gov.uk2009) <https://www.legislation.gov.uk/ukpga/2009/25/section/54> accessed November 12, 2021
[2]Coroners and Justice Act 2009” (Legislation.gov.uk2009) <https://www.legislation.gov.uk/ukpga/2009/25/section/56> accessed November 12, 2021
[3] It Was That Face’ - Wife on Why She Stabbed Husband Three Times” (ITV NewsOctober 22, 2021) <https://www.itv.com/news/westcountry/2021-10-22/it-was-that-face-wife-on-why-she-stabbed-husband-when-he-posed-no-threat> accessed November 18, 2021
[4] R v Gurpinar [2015] EWCA Crim 178
[5] https://www.legislation.gov.uk/ukpga/2009/25/section/54> accessed November 12, 2021
Coroners and Justice Act 2009” (Legislation.gov.uk2009)
[6] Penelope Jackson: Woman Who Stabbed Husband to Death after Row over Birthday Meal Found Guilty of Murder” (Sky NewsOctober 30, 2021) <https://news.sky.com/story/penelope-jackson-woman-who-stabbed-husband-to-death-after-row-over-birthday-meal-found-guilty-of-murder-12444975> accessed November 18, 2021
Comments