The Emma-Jayne Magson case: Misogyny is alive and well in the criminal justice system
By Harriet Wistrich, director of Centre for Women’s Justice and co-founder of the campaign group, Justice for Women
On 29th March 2021, following her retrial for murder, Emma-Jayne Magson was sentenced by Mr. Justice Jeremy Baker to life imprisonment with a minimum term of 17 years. She had three weeks earlier been convicted of the murder of her abusive boyfriend James Knight, by a majority jury verdict of 10-2, following an 8-week retrial.
Justice for Women were contacted by Emma’s mother following her first trial in 2016 when she was previously convicted of the murder. They assisted her to instruct a new legal team who presented fresh psychiatric evidence supporting the defence of diminished responsibility. The court of appeal quashed her murder conviction on 28th January 2020 and ordered a retrial.
The recent conviction and subsequent sentencing of Emma-Jayne Magson is shocking in light of the evidence put forward at the retrial and confirms the discrimination faced by women in the criminal justice system. Justice for Women have been monitoring, supporting, and campaigning around cases like Emma’s since 1990, and whilst a lot has changed for the better, there are still many huge barriers to justice for abused women who kill.
In February 2021, we released our research findings on the systemic failings of the justice system in the context of women who had killed their abuser. Our findings showed that 77% of women who killed their partners had been victims of violence and abuse by the deceased, yet only 7% were successful in the use of self-defence, and 43% were convicted of murder. Recommendations highlighted the need for further law reform and changes to practice at every stage of the criminal justice process – as well as change beyond the criminal justice system – in order to challenge common myths and stereotypes which remain prevalent around women who offend. We also highlighted the failure of the criminal justice system to prevent violence and abuse towards women, which are often the triggers to women’s lethal violence against their abusers. The Emma Jayne Magson case illustrates several of the issues highlighted in our report which were evident in her prosecution, conviction, and sentencing - both in the original trial and this recent retrial.
Speaking of her experience Emma said “It’s a horrible feeling to hurt someone. I wouldn’t fight back again”. It seems in law the only credible victim is a dead one. Is this really the 21st century approach to survivors of domestic abuse who are confronted by their abusers?
The evidence presented at retrial in support of Emma-Jayne’s defence to murder included:
Toxicology evidence showing that the deceased had taken cocaine, cannabis, anabolic steroids, and alcohol which had contributed to his aggressive demeanour
CCTV was shown at trial of him squaring up to strangers outside a club earlier that night and included footage of him violently pushing Emma into a parked car in a seemingly unprovoked attack – this can be viewed on the BBC website here
Witnesses provided evidence of the deceased shouting and kicking at her front door immediately after the offence
Medical evidence, including red marks and bruising around her neck and a pathologist report, supported the defendant’s account that she was strangled by the deceased
Five out of six psychiatric or psychologist reports evidencing a mental impairment that was likely to have diminished Emma’s responsibility for the stabbing
Evidence in the form of social media messages of the deceased’s past bad character; the fact that steroids and drugs had made him aggressive towards his previous partner
There were a significant number of text messages which had not been provided to Emma’s legal team at the original trial, which disclosed James Knight’s abusive behaviour to his previous partner and revealed threats to both her and her sister
Evidence of the deceased’s previous violence towards the defendant and his regular abusive language towards her, including typically describing her as a ‘slag’, calling her ‘fat’ when she was pregnant with their child, and telling her to lose weight
So why was Emma convicted a second time of murder?
The police and prosecution team seemed determined to re-convict Emma of murder. It was open to them to have offered a plea to manslaughter by reason of diminished responsibility after two experts they instructed agreed with the three experts instructed by the defence. However, they went searching for a further expert who did not support the diagnosis, so they could improve the prospects of a re-conviction for murder at the retrial
The police undertook extensive searches for witnesses who might be able to provide evidence of Emma’s previous violence and bad character