Women and Men on Trial

Men in the UK are getting away with murder. Infidelity remains the most frequent excuse for killing of wives and girlfriends, men who kill their wives or girlfriends or ex partners and plead diminished responsibility or provocation nearly always walk free or get short sentences for manslaughter. In English law currently there is only one full defence to murder, self defence, if successful it leads to an acquittal, two other partial defences, provocation and diminished responsibility reduce the charge from murder to manslaughter.

For murder there is only one sentence, life. If the conviction is for manslaughter however, then the sentence is at the judges discretion and doesn't necessarily entail a prison sentence. In order to plead provocation you have to show that you killed following a sudden loss of self control. The law here is biased towards men, who may well have the physical strength to retaliate quickly, for women generally, this is less likely, and for women fighting back against men who have terrorised them it is even less possible.

In 1991 Joseph McGrail was tried in Birmingham for the murder of his wife. He pleaded provocation on the basis that his wife was an alcoholic and swore at him. He killed her by repeatedly kicking her in the stomach. At the trial the judge commented ….."this lady would have tried the patience of a saint", he gave him a two year suspended sentence.

In 1995 Brian Steadman was jailed for three years after he hit her 13 times with a hammer, he pleaded diminished responsibility due the his wife's constant nagging.

In 1997 Joseph Swinburne killed his wife by stabbing her eleven times when she told him she was leaving him for another man. He was convicted of manslaughter and sentenced to 200 hours community service.

In 1992 Judge Dennison gave Bisla Rajinder Singh, an 18 month sentence suspended for one year for the manslaughter of his wife on the grounds of provocation. The judge told him "you have suffered through no fault of your own….your wife was a domineering lady with a sharp and persistent tongue".

Lucy Kellet was preparing to leave Oliver Kellet after years of abuse. As she as waiting for the removal van to take her to her new home he stabbed her repeatedly with a bowie knife. He pleaded manslaughter on the grounds of diminished responsibility and was given 3 year probation.

Compare these with the following women

In 1989 after 10 years of severe violence against her Kiranjit Aluwhalia threw petrol over her husbands feet and set it alight whilst he was sleeping, he died some days later. She was arrested and charged with murder, she was found guilty and sentenced to life imprisonment.

In 1992 Zoora Shah snapped after 12 years of physical and sexual violence when her partner turned his attention to her eldest daughter. She poisoned him and was convicted of murder, sentenced to life with a minimum of 20 years, she is still in prison.

In 1993 Josephine Smith shot her husband after many years of violence when he threatened to track her down and kill her and their three children if she left him. She was convicted of murder and sentenced to life with a minimum of 12 years.

In 1989 Malcolm Thornton, an alcoholic, threatened to kill his wife Sara and her daughter in their sleep, he taunted her with a knife. The police had been called to the home on numerous occasion throughout their relationship by Sara because of his attacks on her and he was in fact due to appear in court on an assault charge 10 days after he died. Sara feared for her own and for her daughter's life. She stabbed him once and called an ambulance. She pleaded guilty on grounds of diminished responsibility, she was found guilty of murder and sentenced to life imprisonment.

For four years Peter Iles persecuted Janet Gardner using violence, threats and harassment. On one occasion he tried to cut her throat, he beat and kicked her and burnt her with cigarettes. During the attack which led to his death he grabbed her round the neck and started beating her head against the kitchen doorway. Janet grabbed a knife and stabbed him seven times. She was cleared of murder but found guilty of manslaughter, and sentenced to five years in prison.