Appeal against murder conviction for 19-year-old women driven to kill her abuser
Saturday, July 17, 2010 at 11:00AM Kirsty Scamp, from Sittingbourne in Kent, was just 19 when she killed her violent boyfriend, Jason Bull. She was convicted of murder in February 2007 and sentenced to life imprisonment. On July 21 2010, the Court of Appeal will consider her appeal against conviction and sentence.
Scamp had grown up with domestic violence and spent time as a child living in refuges with her mother. While with Bull she was working in a care home for vulnerable adults with behavioural difficulties. After four days of deliberation the jury returned a majority verdict that found her guilty of murder. The judge told her she must serve at least 12 years.
The judge commented to the jury that Scamp should have been able to tolerate Bull's erratic outbursts because of her experience at work. "How dare he?" says Scamp. "My work has nothing to do with what I can or cannot put up with in my personal life. Those residents were not controlling or beating me like he was."
The appeal is based on the failure of the judge to adequately sum up the defence of provocation to the jury. Provocation is a partial defence to murder that would have reduced the conviction to manslaughter. The judge failed to draw the jury’s attention to the violence she had been subjected to, and had they been directed to take into account Kirsty’s long history of witnessing and experiencing domestic violence and considered how frightened she may have been at the point of the attack then it is most unlikely they would have convicted her of murder.
Feminist campaign group Justice for Women is holding a demonstration from 9.30am on the 21st outside the Court of Appeal. Members and supporters will join Kirsty’s friends and family members to show support and express outrage that she was convicted of murder in the first instance.
For further information about Kirsty’s case and the relevant legal issues go to: http://www.guardian.co.uk/lifeandstyle/2009/jun/26/women-kill-violent-partners-law
Kirsty is represented by Harriet Wistrich (solicitor, Birnberg Peirce) and Joel Benathan QC and Clare Wade, Tooks chambers.