R v Challen

Fresh evidence of coercive control and mental disorders led the Court of Appeal to quash the murder conviction of a woman who killed her controlling husband.

Citation
[2019] EWCA Crim 916
Court
Court of Appeal (Criminal Division)
Year
2019
Subject
Criminal Law
Topic
Murder and voluntary manslaughter

Facts

Sally Challen killed her husband, Richard, with a hammer in 2010, after a 40 year relationship in which, she said, he had subjected her to controlling and humiliating behaviour. She was convicted of murder in 2011. Her appeal was based on fresh psychiatric evidence that she was suffering from mental disorders at the time of the killing, and on the developing understanding of coercive control, which became a criminal offence in 2015.

Legal principle

The Court of Appeal quashed the murder conviction and ordered a retrial, because the fresh psychiatric evidence, which had not been available at her trial, could have supported a defence of diminished responsibility. Lady Justice Hallett said that coercive control was not itself a defence, but that the evidence about the nature of the relationship was relevant to understanding her state of mind. Before the retrial, the prosecution accepted her plea of guilty to manslaughter on the ground of diminished responsibility, and she was released, having already served nine years.

Related cases on murder and voluntary manslaughter

Studying criminal law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions