Appeal Court reserves judgment on retrial bid for woman who stabbed abusive partner
The Court of Appeal has heard arguments over whether Julie Ann McIlwaine, who killed her abusive partner, should face a murder retrial or have her conviction reduced to manslaughter.
Appeal judges to rule at later date on McIlwaine retrial bid
The Court of Appeal has reserved judgment on whether Julie Ann McIlwaine, a mother-of-four who stabbed her abusive partner to death, should face a retrial on a murder charge, bbc.com reports.
McIlwaine was convicted in October 2024 of murdering James Joseph Crossley and was serving a minimum 12-year jail term. Last month that conviction was overturned on appeal after her lawyers successfully argued that jurors had been misdirected and reached a verdict against the weight of expert evidence.
Crossley, 38, was stabbed up to ten times in the chest and abdomen as he slept at McIlwaine's home in Dunmurry in March 2022. At the time of his death he was on bail for an alleged assault against McIlwaine and subject to a restraining order prohibiting all contact with her. Despite a period of separation, the two had re-established their relationship by the night of the killing.
McIlwaine admitted the stabbing, claiming she suffered a temporary loss of control as a victim of domestic abuse. When sentenced last year, the trial judge stated the court was satisfied she had endured prolonged coercive control and abusive behaviours by Crossley, and that such conduct could "drive people to actions which they would not otherwise countenance".
Prosecutors have been seeking a full retrial on the murder charge. Eilis McDermott KC, representing McIlwaine, argued instead for the murder verdict to be substituted with a verdict of manslaughter.
Judges heard legal submissions from both sides, including a request from McIlwaine's barrister that she be released on bail in the event a retrial is ordered. The barrister described McIlwaine as "a person who before this conviction had no crime" and said she had been "a model prisoner" throughout the two years she has spent in custody. The Crown opposed any bail application.
McIlwaine remains in custody at Hydebank Wood, from where she appeared before the court via video link.
Reserving judgment, Lady Chief Justice Dame Siobhan Keegan told the court these were "important matters in a significant case" and that judges would return a decision at a later date.
Source: Google News IE — Crime (en)