Lawyers for woman who stabbed partner to death in his sleep seek manslaughter verdict

A west Belfast woman whose conviction for murdering her abusive partner was quashed should instead be found to have committed manslaughter, Belfast’s Court of Appeal has heard.

Counsel for Julie Ann McIlwaine (35) urged senior judges to impose the substitute verdict over the fatal stabbing of James Joseph Crossley.

Prosecutors argued, however, that a retrial was required on the original charge of carrying out the murder while the victim slept.

With judgment reserved, McIlwaine remains in prison until a final determination is reached.

Crossley (38) was knifed to death at McIlwaine’s former home in the Dunmurry area in March 2022.

McIlwaine admitted killing her partner but denied murder, claiming to have suffered a temporary loss of control as a victim of domestic abuse.

The pair had been in a relationship marred by emotional manipulation and coercive control.

At the time of his death, Crossley was on bail for an alleged assault against McIlwaine and subject to a restraining order prohibiting any contact with her.

McIlwaine, who had been serving a minimum 12-year jail term, appeared remotely at the Court of Appeal on Wednesday for a further hearing on what should happen next.

[ Bus driver’s trial begins over crash that killed two Waterford teenagers on e-scooterOpens in new window ]

Her barrister, Eilis McDermott, argued for an alternative outcome.

“The court has the power to substitute a verdict of manslaughter,” she submitted.

McDermott described her client as a model prisoner throughout the two years now spent behind bars.

Based on the potential threat of double jeopardy, she added: “A retrial would expose her to being condemned by a different jury in the same facts.”

Prosecuting barrister Philip Henry confirmed that the loss of control defence was not being accepted.

[ Rickshaw driver facing trial over death of Co Down mother of two after Dublin gigOpens in new window ]

“The interests of justice are better met by a retrial,” he said.

Reserving judgment, chief justice Siobhan Keegan pledged to give a decision as soon as possible.

“These are important matters in a significant case,” she said.