GUILTY UK - David Jackson, 78, killed by wife, Somerset, Feb 2021

[Lord Peter Flimsy]

Alcohol may encourage aggression or violence by disrupting normal brain function. According to the disinhibition hypothesis, for example, alcohol weakens brain mechanisms that normally restrain impulsive behaviors, including inappropriate aggression.

 

[tedtink]

Interesting case.
Abusers use projection as a defense mechanism, attributing their traits onto others, especially in domestic situations, more pronounced in those with BPD and narcissism.
Not much to go on yet, but it could be that the accused was the domestic abuser and coercive controller throughout the relationship and not the husband.

JMO MOO

 

[Dotta]

Husband 'held a knife to his wife's throat' before she stabbed him to death | Daily Mail Online

Very interesting testimony.
As I wrote earlier a child was the witness of abuse in this toxic marriage.

 

[Lord Peter Flimsy]

The defence in this case is running along parallel lines to that of Sally Challen. No decent man would think it acceptable to threaten or abuse any woman for whatever reason, but on the flip side I feel deeply uneasy that the victim of that abuse can then become de facto judge, jury and summary executioner for the State.

 

[Dotta]

I remember almost a carbon copy murder of a husband (ex military man, by the way) in Poland.
The wife killed her alcoholic abusive husband with a knife in the kitchen during argument.

She was acquitted.

I still remember reading comments in Internet about the sentence.

And guess what?

100% approved of the verdict.
All posters stood by her.

 

[Tortoise]

"Explaining to the jury their route to a verdict, Judge Martin Picton said that Jackson’s defence rests on two issues - that of a lack of intent to kill, and loss of self-control.

He said they must consider whether a person in similar circumstances possessed of “a normal degree of tolerance and self-restraint” would have acted in the same way.

[...]

“The defence, however, argue that you cannot be sure that such is the case.”

He added that given the years of domestic abuse alleged by the defendant, Jackson’s defence team state: “The action of stabbing her husband is suggested to be within the range of how a person of normal tolerance and self-restraint could act (and) that you cannot be sure that such a person would not.”

[...]

The jury is expected to retire tomorrow (Wednesday, October 27) to consider a verdict."

Judge's message to jurors in Somerset murder trial

 

[elliefant]

[…]
The couple’s daughter Isabelle Potterton told the court she had witnessed three instances of serious aggression by her father against her mother in the late 1990s soon after his son from his first marriage took his own life.

But she agreed that for the past 20 years they had seemed to have a close and loving relationship, with lots of shared interests including travel and gardening.

Mrs Potterton said her parents would bicker over small things, but their anger rarely lasted long.
[…]

Judge's message to jurors in Somerset murder trial

 

[Tortoise]

THE jury trying the case of Penelope Jackson at Bristol Crown Court has retired to consider its verdict.

Jury retires to consider murder trial verdict

 

[HongKongPhooey]

THE jury trying the case of Penelope Jackson at Bristol Crown Court has retired to consider its verdict.

Jury retires to consider murder trial verdict

Could be a tricky one.

 

[CoverMeCagney]

Could be a tricky one.

Are the only options guilty or not guilty if murder? She can’t be found not guilty as she admitted it, but are there mitigating circumstances?

 

[elliefant]

The judge said their choice is guilty of murder or guilty of manslaughter. Will add the link in a sec

eta link:

Judge's message to jurors in Somerset murder trial
Explaining to the jury their route to a verdict, Judge Martin Picton said that Jackson’s defence rests on two issues - that of a lack of intent to kill, and loss of self-control.

He said they must consider whether a person in similar circumstances possessed of “a normal degree of tolerance and self-restraint” would have acted in the same way.

“If you are sure that such a person would not have reacted in such a way, the defence of ‘loss of self-control’ would not apply and your verdict on the charge of murder would ‘guilty’,” Judge Picton said.

He continued: “If however, you decide that such a person would or may have reacted in a similar way to the defendant then the defence of ‘loss of self-control’ would apply and your verdict would be ‘not guilty of murder but guilty of manslaughter’.”

 

[HongKongPhooey]

The judge said their choice is guilty of murder or guilty of manslaughter. Will add the link in a sec

eta link:

Judge's message to jurors in Somerset murder trial
Explaining to the jury their route to a verdict, Judge Martin Picton said that Jackson’s defence rests on two issues - that of a lack of intent to kill, and loss of self-control.

He said they must consider whether a person in similar circumstances possessed of “a normal degree of tolerance and self-restraint” would have acted in the same way.

“If you are sure that such a person would not have reacted in such a way, the defence of ‘loss of self-control’ would not apply and your verdict on the charge of murder would ‘guilty’,” Judge Picton said.

He continued: “If however, you decide that such a person would or may have reacted in a similar way to the defendant then the defence of ‘loss of self-control’ would apply and your verdict would be ‘not guilty of murder but guilty of manslaughter’.”

I've read the judge's wording several times and still conclude it could have been much clearer!

 

[Parker Knoll]

I really can not guess how this will go tbh.

 

[TootsieFootsie]

In my opinion, it will go manslaughter.

 

[Tortoise]

I'm not saying what I would decide, I think it's one of those cases where we're only hearing bits of the evidence and I would have to be in the courtroom to see and hear her evidence, to make a fully informed decision. What I find difficult to marry up with her defence is her statement to police "if I've not done it properly I'll be really annoyed". The jury needs to decide that there was no intent to kill or cause really serious injury, and if they're saying that this was still within the phase of her loss of self control, I'm not sure whether loss of control isn't more fleeting than that. She seemed to be very aware of her surroundings and that she was cold for instance. I don't really know how they will define loss of control.

 

[HongKongPhooey]

I'm not saying what I would decide, I think it's one of those cases where we're only hearing bits of the evidence and I would have to be in the courtroom to see and hear her evidence, to make a fully informed decision. What I find difficult to marry up with her defence is her statement to police "if I've not done it properly I'll be really annoyed". The jury needs to decide that there was no intent to kill or cause really serious injury, and if they're saying that this was still within the phase of her loss of self control, I'm not sure whether loss of control isn't more fleeting than that. She seemed to be very aware of her surroundings and that she was cold for instance. I don't really know how they will define loss of control.

Also, the lack of helping emergency services to revive him. Not sure where that would fit for me, but it arguably continues the intent to kill and also, disputes the loss of control being fleeting.

Definitely one where I'd need the complete evidence, we've only really had sensational snippets I think.

 

[MrsWatson]

I wonder how much alcohol was involved.

 

[Dotta]

I think this marriage was doomed from the start in accordance with the principle that one cannot build happiness on someone else's harm (previous husband's suicide).
The abuse the daughter saw (testimony in court) is, in my opinion, only the tip of the iceberg.
I dont want to even imagine what was happening behind closed doors of their home/bedroom.
Both spouses seem to me mentally disturbed and I pity the child who had the misfortune to be raised in such toxic environment.
MOO, of course.

 

[Alyce]

Explaining to the jury their route to a verdict, Judge Martin Picton said: 'It is contended that the reaction of the defendant, stabbing her husband as he was calling for help at a point when he was already bleeding from a serious albeit not fatal wound, is not how someone with a normal degree of tolerance and self-restraint would react.'

'The defence, however, argue that you cannot be sure that such is the case.'

He added that given the years of domestic abuse alleged by the defendant, Penny's defence team state: 'The action of stabbing her husband is suggested to be within the range of how a person of normal tolerance and self-restraint could act (and) that you cannot be sure that such a person would not.'


Wealthy retired accountant is found guilty of murder | Daily Mail Online



There are also details re Penny Jackson's previous marriage in the link

 

[Tortoise]

Thanks Alyce. I can't say I'm surprised, with her demeanor afterwards showing her intent.

"On Friday, Jackson was found guilty at Bristol Crown Court of murder after nearly 11 hours of deliberations.

There was a gasp from the public gallery, which was packed with David Jackson’s extended family, when the verdict was read out.

Jackson did not react to the jury’s verdict.

[...]

Jackson is due to be sentenced later on Friday."

Wife murdered husband at their home after birthday row