4 November 2002
Wife walks free
after murder appeal
A woman jailed nine
years ago for shooting dead her husband has walked free after her murder
conviction was quashed at the Court of Appeal.
Josephine Smith, now 40, was sentenced
instead to 10 years for manslaughter, and was released from the cells at
the Royal Courts of Justice.
Smith, a mother-of-three, shot her husband
Brian as he slept at their home in Watlington near King's Lynn in Norfolk
in July 1992.
Her counsel, Vera Baird QC, told the three
appeal judges on Monday Smith had suffered years of "cumulative provocation"
at her husband's hands.
Smith emerged from the cells carrying two
large bin bags containing her belongings.
She said: "My focus at the moment is to
get back with my family.
"It has taken an awful long time but I'm
very pleased with the result and I can only hope that other people get
the support that I have had."
Following her release, she entered Court
Five to hear the judges give their reasons for overturning the murder conviction.
Psychiatric evidence
Ms Baird had submitted four grounds of
appeal, all based on the defence of provocation.
She said the judge had failed to sum up
adequately the issue of provocation at Smith's trial.
Lord Justice Rose, Mr Justice Hughes and
Mr Justice Royce, also heard fresh psychiatric evidence.
The case was referred to the appeal court
by the Criminal Cases Review Commission, which looks at alleged miscarriages
of justice.
'Violent' husband
During Smith's trial, the prosecution refused
to accept her plea of manslaughter on the grounds of provocation or diminished
responsibility.
Smith claimed her husband had beaten her
repeatedly, and had threatened to track her down if she ever left him.
She also said he had made her watch pornographic
videos and re-enact degrading sex acts.
The prosecution suggested she had invented
and exaggerated the abuse.
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