Knife-killer ‘autistic’, appeal court to hear

THE mother of a young woman who killed her boyfriend with a kitchen knife hopes her daughter will have her conviction overturned this week in the wake of the Sally Challen case, by arguing that doctors missed her autism.

On Tuesday, Emma-Jayne Magson, 27, will appeal against her conviction for murdering James Knight, 26, in light of evidence that she is on the autism spectrum and has a borderline personality disorder.

Joanne Smith, her mother, said she hoped Miss Magson’s 2016 conviction would be downgraded to manslaughter with diminished responsibility, so she can return home to look after her five-year-old daughter.

“It would mean the world if Emma could come back to her little girl and for people to recognise she’s not a murderer,” said Mrs Smith, 49. “She was scared and vulnerable that night.”

Louise Bullivant, of Aitken Harter Solicitors, said:

“We would anticipate the Crown Prosecution Service will seek a retrial. If that were to happen we would use the opportunity to put forward a partial defence of diminished responsibility, which would demonstrate Emma’s vulnerability.”

Mrs Smith claimed her daughter was in an abusive relationship with Mr Knight and acted in self-defence.

“I had seen her with a black eye, bruises,” said Mrs Smith. In the weeks before Mr Knight’s death, Miss Magson had suffered from a traumatic miscarriage and split from Mr Knight.

Mr Knight’s family believes the jury reached the correct decision at the trial.

Mrs Challen and her son, David, will appear at the Court of Appeal to support Miss Magson. “I hope the court will be sympathetic and understand that coercive control played a part,” said Mrs Challen.

Justice For Women, which supported Mrs Challen, is also assisting Miss Magson.