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.

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