Sally Challen

[Tilly2]

You may remember me posting this link wishing this woman well.

https://www.theanswerbank.co.uk/News/Question1648041.html

She has had the conviction for murder quashed and is now back home.

https://www.bbc.co.uk/news/uk-england-surrey-47845450

She will now face a new trial and again, I hope that things turn out positively for her.

[sherrardk]

Quick, someone get the Court of Appeal contact details so that baldric can contact them and give them the benefit of all his legal training - they’ve clearly missed something that he has spotted from reading a newspaper article.

[Togo]

// it tooks years of hard work. //

Really? From her or him?

[Baldric]

FACT, she hit her husband on the head 20+ times with a hammer and killed him, over to you..........

[pixie374]

Yes. And why?

[THECORBYLOON]

"She is a convicted murderer" that was the case but that was quashed and is subject to a possible re-trial.

She admits killing her husband but that does not mean she is guilty of murder. To insist on saying the act was murder and that she is a murderess, could, in my opinion, be defamatory.

[sherrardk]

And her conviction for murder has been over turned by the Court of Appeal who one would think knows a lot more about this sort of thing than you and most of us.

[Togo]

//Yes. And why? //

Because she was exhausted?

[pixie374]

And that is the problem, sherr... these things are reported to cause outrage and facts and truth rarely get in the way.

[Calicogirl]

FACT - they've quashed her conviction, she's not a convicted anything- over to you...

[tamborine]

",,,,Sally served breakfast and, as Richard ate, she took a hammer and hit him more than 20 times....."

A full english with oil burns can turn one murderous ;)

[retrocop]

JTH

//Murder is carried out with 'malice aforethought'.....

I wonder if that was in Retrocop's (American) link?//


Well yes it was actually if you had taken the trouble to click on common law ( in italics) you would of read the following.



Common Law
The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution.

The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals.

A designation used to denote the opposite of statutory, equitable, or civil, for example, a common-law action.

The common-law system prevails in England, the United States, and other countries colonized by England. It is distinct from the civil-law system, which predominates in Europe and in areas colonized by France and Spain. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. The common-law system is also used in Canada, except in the Province of Quebec, where the French civil-law system prevails.

Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king's courts represented the common custom of the people. It evolved chiefly from three English Crown courts of the twelfth and thirteenth centuries: the Exchequer, the King's Bench, and the Common Pleas. These courts eventually assumed jurisdiction over disputes previously decided by local or manorial courts, such as baronial, admiral's (maritime), guild, and forest courts, whose jurisdiction was limited to specific geographic or subject matter areas. Equity courts, which were instituted to provide relief to litigants in cases where common-law relief was unavailable, also merged with common-law courts. This consolidation of jurisdiction over most legal disputes into several courts was the framework for the modern Anglo-American judicial system.Early common-law procedure was governed by a complex system of Pleading, under which only the offenses specified in authorized writs could be litigated. Complainants were required to satisfy all the specifications of a writ before they were allowed access to a common-law court. This system was replaced in England and in the United States during the mid-1800s. A streamlined, simplified form of pleading, known as Code Pleading or notice pleading, was instituted. Code pleading requires only a plain, factual statement of the dispute by the parties and leaves the determination of issues to the court.

[anotheoldgit]

I fully support Baldric & retrocop's views on this, that woman is a cold hearted killer, end of.

It has always been the case that women are treated more lenient than men by our justice system.

Manslaughter????? did her husband accidentally walk under her hammer whilst she was doing a little DIY?

[spathiphyllum]

The reason she's not convicted anymore is because she did her 9 year.

[spathiphyllum]

"I fully support Baldric & retrocop's views on this, that woman is a cold hearted killer, end of. "

I agree.

I am not saying this is all the woman's fault.. her husband made her this way, he made her into someone who would kill their husband for the way he has treated her, but at the end of the day, womans fault or not, she is now a person that can batter her husband in with a hammer. If this is her fault or not, her natural instincts or the way she's been moulded, that is what she now is. A killer.

[spathiphyllum]

It's just a shame. Nice for her to be with her family after these years though.

[spathiphyllum]

21:17 Sun 07th Apr 2019, very true spicey.

21:37 Sun 07th Apr 2019 a following good point.

[ummmm]

I assume people with the 'end of' comments haven't spent years with an abuser.

[anotheoldgit]

jno

/// I think what Ms Challen is claiming is a sort of long-term self-defence. Good luck to her. ///

Did he also have a weapon and was threatening her with it?

As regards her decision to smash his head in with an hammer, there are many (both men and women) who are victims of continuous abuse, but they don't resort to killing their abusers.

[ummmm]

Thank goodness you're not a psychiatrist then, AOG!!

[naomi24]

Such a difficult one. Was it murder? In my opinion whacking someone repeated over the head with a hammer until they are dead is murder. On the other hand, is it understandable that after years of abuse she finally snapped? Hmmmm......

Difficult.