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Murder conviction being appealed after 'traumatic' case

Yahoo

22-05-2025

Yahoo

Murder conviction being appealed after 'traumatic' case

A woman jailed for 12 years for murdering her partner has lodged an appeal against her conviction, the Public Prosecution Service (PPS) has said. Julie Ann McIlwaine, of Hazel Close, Lagmore, stabbed James Joseph Crossley, 38, while he slept at her former home in Filbert Drive in Dunmurry on 2 March 2022. The 34-year-old had admitted to killing Mr Crossley but denied his murder. Her sister, Rachel McIlwaine, told BBC News NI a "loss of control" defence should have been accepted in the case. During the trial the court heard how Julie Anne McIlwaine and James Joseph Crossley were in a relationship marred by domestic abuse and coercive control. In October 2024, jurors at Coleraine Crown Court rejected her argument and found her guilty after nine hours of deliberations. Rachel McIlwaine said her sister acted in "an acute stress reaction" and "has to pay for what she did", but she believes a manslaughter conviction would have been more appropriate. She said her sister accepted what she did and was "very remorseful", and the case had been "very traumatic for all the families involved". "We have been put through an ordeal that we potentially shouldn't have been put through due to the levels of domestic abuse that were prevalent in this relationship," she told BBC Radio Ulster's Evening Extra programme. Rachel also said such a complex case should have been decided by a judge, and not a jury. "To make these determinations as 12 individual people and come up with a unanimous decision is, I imagine, a very difficult thing. In my mind that legal test should not be a jury but a judge-led trial," she added. A PPS spokeswoman responded: "The loss of control is a partial defence to murder, which, if accepted by a jury, would reduce the charge to manslaughter. "This defence was raised by the defendant in this case. The jury, having heard all the facts and circumstances of the case, did not accept this defence and convicted the defendant of murder." The PPS spokeswoman said it had "a duty to put before the court those cases that meet the test for prosecution". "This means that there is sufficient evidence to provide a reasonable prospect of conviction and that it is in the public interest to prosecute," she added. The PPS also responded to criticism of the jury trial. "The Director of Public Prosecutions can certify a non-jury trial in certain exceptional cases as set out in legislation. This case did not meet any of the legislative criteria for a non-jury trial," the PPS spokeswoman said. "The defendant has lodged an appeal against conviction, and therefore it would be inappropriate for us to comment further." The judge, Mr Justice Kinney, described the murder of Mr Crossley as "brutal and savage''. He told the defendant that after serving the minimum of 12 years in custody, it would be up to parole commissioners to decide whether it was safe to release her back into the community. At the time of his death, James Crossley was on bail for an assault against McIlwaine and was subject to a restraining order prohibiting him from being in contact with her. The defence said McIlwaine was suffering from a temporary "stress reaction" brought on by the trauma of her abusive relationship. The prosecution told the court that the defendant's "rational choices" on the night of the stabbing proved that she was in control of what she was doing. Following Tuesday's sentencing hearing, Det Insp Michelle Griffin of the PSNI said it has been an "extremely difficult case" involving two people who had been in a "mutually abusive relationship". She said that it had left "so many family members, including children, totally heartbroken". Rachel McIlwaine said she had a lot of "empathy" and "sadness" for Mr Crossley's family. "I have my own brother, and my parents have their own son, and I can't imagine what that loss is like to a family," she said. Woman who killed partner as he slept jailed for 12 years

Julie Ann McIlwaine lodges appeal against murder conviction

BBC News

22-05-2025

BBC News

Julie Ann McIlwaine lodges appeal against murder conviction

A woman jailed for 12 years for murdering her partner has lodged an appeal against her conviction, the Public Prosecution Service (PPS) has Ann McIlwaine, of Hazel Close, Lagmore, stabbed James Joseph Crossley, 38, while he slept at her former home in Filbert Drive in Dunmurry on 2 March 34-year-old had admitted to killing Mr Crossley but denied his sister, Rachel McIlwaine, told BBC News NI a "loss of control" defence should have been accepted in the case. During the trial the court heard how Julie Anne McIlwaine and James Joseph Crossley were in a relationship marred by domestic abuse and coercive October 2024, jurors at Coleraine Crown Court rejected her argument and found her guilty after nine hours of McIlwaine said her sister acted in "an acute stress reaction" and "has to pay for what she did", but she believes a manslaughter conviction would have been more said her sister accepted what she did and was "very remorseful", and the case had been "very traumatic for all the families involved"."We have been put through an ordeal that we potentially shouldn't have been put through due to the levels of domestic abuse that were prevalent in this relationship," she told BBC Radio Ulster's Evening Extra programme. Partial defence Rachel also said such a complex case should have been decided by a judge, and not a jury."To make these determinations as 12 individual people and come up with a unanimous decision is, I imagine, a very difficult thing. In my mind that legal test should not be a jury but a judge-led trial," she added.A PPS spokeswoman responded: "The loss of control is a partial defence to murder, which, if accepted by a jury, would reduce the charge to manslaughter. "This defence was raised by the defendant in this case. The jury, having heard all the facts and circumstances of the case, did not accept this defence and convicted the defendant of murder."The PPS spokeswoman said it had "a duty to put before the court those cases that meet the test for prosecution"."This means that there is sufficient evidence to provide a reasonable prospect of conviction and that it is in the public interest to prosecute," she PPS also responded to criticism of the jury trial."The Director of Public Prosecutions can certify a non-jury trial in certain exceptional cases as set out in legislation. This case did not meet any of the legislative criteria for a non-jury trial," the PPS spokeswoman said."The defendant has lodged an appeal against conviction, and therefore it would be inappropriate for us to comment further." 'Can't imagine that loss' The judge, Mr Justice Kinney, described the murder of Mr Crossley as "brutal and savage''.He told the defendant that after serving the minimum of 12 years in custody, it would be up to parole commissioners to decide whether it was safe to release her back into the the time of his death, James Crossley was on bail for an assault against McIlwaine and was subject to a restraining order prohibiting him from being in contact with defence said McIlwaine was suffering from a temporary "stress reaction" brought on by the trauma of her abusive relationship. The prosecution told the court that the defendant's "rational choices" on the night of the stabbing proved that she was in control of what she was Tuesday's sentencing hearing, Det Insp Michelle Griffin of the PSNI said it has been an "extremely difficult case" involving two people who had been in a "mutually abusive relationship".She said that it had left "so many family members, including children, totally heartbroken".Rachel McIlwaine said she had a lot of "empathy" and "sadness" for Mr Crossley's family."I have my own brother, and my parents have their own son, and I can't imagine what that loss is like to a family," she said.

Woman jailed for 12 years for murder of abusive partner while he slept

The Independent

20-05-2025

The Independent

Woman jailed for 12 years for murder of abusive partner while he slept

A domestic abuse victim who stabbed her partner multiple times with a kitchen knife while he slept has been jailed for a minimum of 12 years. Julie Anne McIlwaine 34, from Hazel Close, Lagmore, in west Belfast, was found guilty by a jury in October of the murder of James Joseph Crossley, 38, at her former home in March 2022. At a sentencing hearing at Belfast Crown Court, judge Mr Justice Kinney set the minimum tariff for how long McIlwaine will spend in prison. The court heard that McIlwaine and Mr Crossley were in a relationship marked by domestic abuse and coercive control. At the time of the murder, a restraining order was in place that prohibited Mr Crossley from being in contact with McIlwaine. McIlwaine separated from him for a period and stayed in a women's refuge. However, she subsequently contacted Mr Crossley and re-established a relationship. They conducted that revived relationship in secrecy without the knowledge of their families, social services or legal representatives. Psychiatric reports submitted to court stated McIlwaine had been 'psychologically enmeshed' with Mr Crossley and had been unable to separate. The judge said an unusual element of the case was that it was the victim of domestic abuse who had committed a murder. Mr Crossley was stabbed 10 times. The court heard that on the day of the murder the couple had been involved in an argument during which Mr Crossley threatened McIlwaine's family, called her children names and warned that he would ensure that she would never see them again. Mr Justice Kinney said there was a significant domestic history in the relationship with frequent reports to the police about Mr Crossley's behaviour. The judge noted that at the time of the murder, Mr Crossley had been facing a charge of assault occasioning actual bodily harm against McIlwaine and criminal damage. The judge said he was satisfied that McIlwaine was suffering from an acute stress reaction at the time of the incident and that her condition impacted upon her actions. 'None of this of course can ever provide a justification for the kind of crime committed by the defendant,' he said. 'Whatever the circumstances nothing can excuse the murder of another person, abusive partner or otherwise, and the law requires condign punishment for such offences.' After sentencing, PSNI Detective Inspector Michelle Griffin said it was an 'extremely difficult case'. 'The two had been in a mutually abusive relationship,' she said. The officer added: 'Ms McIlwaine's defence was that she had caused the death of Jim Crossley by manslaughter based on a temporary loss of control as a victim of domestic abuse. 'The jury, however, didn't accept that she had experienced a loss of control, and convicted her of murder. 'Working in partnership with the Public Prosecution Service, the defendant has today been held accountable. 'It remains, however, a tragic case which leaves so many family members, including children, totally heartbroken. 'There are no winners here. 'Only sorrow prevails.' The detective inspector continued: 'It's a sad reminder that no one should ever take the law into their own hands, and I want to appeal to anyone, irrespective of gender or background, who is experiencing, or has experienced, domestic abuse to please speak to us. 'We know that domestic abuse can take many forms, from coercive control to physical abuse. 'Whatever your circumstances, I promise that we will listen to you, and we will support you. 'Please contact us on 101.'

Woman who killed partner as he slept jailed for 12 years