Call us now

  • Paisley 01418896458Existing Clients: 0141 889 6458
  • Greenock 01475888286Existing Clients: 01475 888 286

Rejection of diminished responsibility appeal for woman who murdered abusive boyfriend

In 2008, Wendy Graham was sentenced to life imprisonment for stabbing her abusive partner, Mark Thompson, multiple times. However, the Domestic Abuse victim claimed she was the victim of a miscarriage of justice after being found guilty.

The case was referred to the High Court Justiciary Appeal Court by the Scottish Criminal Case Review Commission on the grounds that Ms Graham was suffering from impairment of the mind at the time of the murder. Medical evidence from Dr Lenihan revealed that Ms Graham had previously been diagnosed with Emotionally Unstable Personality Disorder (EUPD).

However, Dr Morris presented further evidence to suggest that Ms Graham was intoxicated by drugs and alcohol during the time of the killing. The evidence that suggests intoxication outweighs the influence of the previous diagnosis of EUPD.

The appeal Judges ruled that there was no reasonable explanation for the evidence not to have been presented at the original trial. They stated that in any event, the evidence would not have affected the jury’s decision, in regards to the issue of diminished responsibility, due to the lack of a reasonable explanation for the evidence.

According to Scottish Legal News, the recognition given to Wendy’s EUPD diagnosis seems to fall to insignificance to the appeal Judges. The more relevant line of enquiry followed the expert opinion of Professor Thomson, who considered Graham to be a victim of Battered Person Syndrome. Although, her abuse of substances on the day of the murder was the most likely factor for impaired judgement within the case.

Contact our Murder & Culpable Homicide Solicitors Paisley & Greenock

If you have been charged with murder or culpable homicide in Glasgow or the surround area, do not delay and speak with a qualified criminal defence lawyer today by completing our online enquiry form.

Failed appeal for man who threatened his ex-partne...
The case of Carol Olwyn Kirk to return to High Cou...

Bail Undertakings

Have the police released you to attend court at a later date? We can advise and appear with you.

Police Station Consultations

You have the right to a solicitor if you have been detained for interview. We will attend or advise you.

Get in touch

We represent our clients daily in any court in Scotland. If you have been charged, we can help.

Please let us know your name.

Please enter a valid phone number

Please let us know your email address.

Please let us know your message.

Please tick the box below to confirm

Invalid Input

Make your defence our business. Initial expert legal advice is free! Fill out our online form or call us 24/7.

Call us now

  • Paisley 01418896458Existing Clients: 0141 889 6458
  • Greenock 01475888286Existing Clients: 01475 888 286