Oz Jen
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Unlawful killing comprises both manslaughter and murder. A lawful killing would be where the killer has a successful defence. GBC is a convicted killer, in terms of manslaughter as the appeal court decided the prosecution did not prove intent to murder or cause grevious bodily harm, either premeditated or spur of the moment intent.
I think Professor Douglas is spot on.
Something else I wanted to say about articles I have read re this case where Rose Batty is said to say that proving an intent to murder should take into account where there is a history of domestic violence. I don't know if this is what she did say, but we have to remember there was no evidence of domestic violence by GBC to Allison. Absolutely nothing. Problems in the marriage yes, but violence, verbal or physical, no.
I agree with you alioop. Thank you, as always, for your comments, they are really helpful in trying to understand the legal interpretations and implications.
However, I'd like to add that there is a great deal more recognition being given of late to the impact of psychological, gas lighting and emotional abuse as being part of DV, even in the absence of evidence of verbal or physical violence. I truly hope this is factored into the sentencing consideration. I think this aspect of psychological abuse was evidenced in the trial.