The Court of Appeal has reserved judgment on a prosecution bid for the retrial of Julie Ann McIlwaine, who stabbed her abusive partner to death but had her murder conviction overturned last month. McIlwaine admitted killing James Joseph Crossley but claimed a temporary loss of control as a victim of domestic abuse.
The court heard legal arguments, including a request from McIlwaine's barrister, Eilis McDermott KC, for a verdict of manslaughter to be substituted for murder, and for bail to be granted if a retrial proceeds. McDermott described McIlwaine, a mother-of-four, as "a person who before this conviction had no crime" and who had been "a model prisoner" over the two years she has spent in custody. The Crown opposed bail.
Crossley, 38, was stabbed up to 10 times in the chest and abdomen as he slept at her home in Dunmurry in March 2022. At the time of his death, Crossley was on bail for an alleged assault against McIlwaine and was subject to a restraining order prohibiting contact with her. Despite a period of separation, the pair had re-established their relationship by the night of the killing.
McIlwaine was found guilty of murder in October 2024 and sentenced to a minimum 12-year term. However, last month her conviction was overturned after her lawyers successfully argued that jurors had been misdirected and had reached a verdict against the weight of expert evidence.
During sentencing last year, the judge said the court had been satisfied that McIlwaine endured prolonged coercive control and abusive behaviour by Crossley, and that such conduct could "drive people to actions which they would not otherwise countenance".
Lady Chief Justice Dame Siobhan Keegan told the court these were "important matters in a significant case" and that judges would return a decision at a later date. McIlwaine, who remains in custody at Hydebank Wood, appeared via video link.
Analysis
Why This Matters
- The case raises questions about how the justice system handles claims of domestic abuse as a defence in homicide cases.
- The outcome could set a precedent for similar cases in Northern Ireland where victims of abuse kill their abusers.
- McIlwaine, who has already served two years in custody, faces the possibility of a retrial or a reduced sentence.
Background
Julie Ann McIlwaine was convicted of murder in 2024 after stabbing James Joseph Crossley, her abusive partner, at her home in Dunmurry in March 2022. Her conviction was overturned on appeal last month on grounds that the jury had been misdirected. The Court of Appeal is now considering whether to order a retrial on the murder charge or substitute a verdict of manslaughter.
Key Perspectives
Prosecution: Seeks a retrial on the charge of murder, arguing that the case should be re-run. The Crown also opposed granting bail to McIlwaine in the event of a retrial.
Eilis McDermott KC (McIlwaine's barrister): Argued for a verdict of manslaughter to be substituted for murder, and requested that McIlwaine be released on bail if a retrial proceeds. Described McIlwaine as a person with no prior criminal record and a model prisoner.
Lady Chief Justice Dame Siobhan Keegan: Called the case "important matters in a significant case" and reserved judgment for a later date.
What to Watch
- The Court of Appeal's decision on whether to order a retrial or substitute a manslaughter verdict.
- The potential for McIlwaine to be granted bail if a retrial is ordered.
- Any further legal arguments or appeals from either side following the judgment.