Emma Humphreys

Emma Clare Humphreys (30 October 1967 – 11 July 1998) was a Welsh woman who was imprisoned in England in December 1985 at Her Majesty's pleasure, after being convicted of the murder of her violent 33-year-old boyfriend and pimp, Trevor Armitage.

[5] The success of the appeal was significant because it supported the argument that courts should take long-term issues such as "battered woman syndrome" into account when considering a defence of provocation.

[2][3][6][a] Humphreys was assisted in her defence by Justice for Women, a feminist law-reform group founded in 1991 by Julie Bindel and Harriet Wistrich.

[8][9][10] Three years after her release, Humphreys died, aged 30, of an accidental overdose of prescription drugs at her flat in Holloway, North London.

[13] According to her diary, which was found in her biological father's attic three years after her death, she was admitted in March 1983 to the Westfield Diagnostic and Treatment Centre in Edmonton, then transferred to a local psychiatric ward when she cut her wrists.

The Court of Appeal heard that Armitage "had a predilection for girls much younger than himself" and was known by the vice squad to drive around the red-light district most evenings.

[13] In January 1985, Humphreys was arrested and kept on remand at HM Prison Risley for two incidents, one of which involved assaulting a hotel manager.

While Armitage was driving his son home, Humphreys retrieved two knives from the kitchen and cut both her wrists, then went to sit on the landing.

[13] When Armitage returned to the house, he went into the bedroom and removed his clothes, except for his shirt, then sat on the landing next to Humphreys.

[15][16] During a medical examination just after the killing, a doctor had found "three recent cuts to her right wrist, fifteen well-healed scars to her right forearm, nine recent cuts running across her left wrist with fresh, dry blood over them, and seven well-healed vertical scars running up her left forearm".

Instead, he told the jury to consider only the events immediately before the killing,[5] and the effect Armitage's taunting would have had on a woman who "did not have a distorted and explosive personality".

[17] He told the jury: It is for you to decide, taking into account all the evidence, as to what effect that jeering at her over not having made a good job of cutting her wrists might have had on a young woman who had got herself into that situation but did not have a distorted and explosive personality.

[5] In 1992, Humphreys read about the release of Kiranjit Ahluwalia, whose conviction for murder after she killed her violent husband was reduced to manslaughter, thanks to a campaign led by Southall Black Sisters and joined by Justice for Women.

[19][20] On 24 September 1992, from Holloway Prison in north London, Humphreys wrote to Bindel to ask for help.

The night of the offence, I had a knife in my hand from cutting my wrists because I wanted some kind of response from him other than physical abuse or rape again.

[22]Bindel and Wistrich arranged for a legal team and helped to organize an appeal based on the defence of long-term provocation.

"[15] On 7 July, the judges accepted the defence position, namely that "[w]hen considering whether the reasonable person would be provoked in the circumstances of a defendant, the jury was entitled to take into account characteristics of the defendant which were not repugnant to the general concept of the reasonable person, including a permanent psychological illness or disorder which was abnormal, such as attention-seeking through wrist-slashing.

[3] Wistrich told a press conference: "Whilst we applaud the judges for their decision, we do not feel grateful that a simple act of justice has taken this long.

[30] Before R v Humphreys, the test for provocation involved asking whether the accused had experienced a "sudden and temporary" loss of control, and whether a reasonable person would have been similarly provoked in that situation.

[31] The definition of provocation was based on Devlin J in R v Duffy [1949] 1 All ER 932: "Provocation is some act, or series of acts done (or words spoken) ... which would cause in any reasonable person and actually causes in the accused, a sudden and temporary loss of self-control, rendering the accused so subject to passion as to make him or her for the moment not master of his or her mind.

"[29] Any lapse of time between the provocative event and the killing suggested that the accused could have taken advantage of a "cooling-off period" but chose not to do so.

Legal scholar Anne Bottomley explains that, before R v Humphreys, courts did not recognize the "cumulative effect of violence ...

[32] According to the Court of Appeal: This tempestuous relationship was a complex story with several distinct and cumulative strands of potentially provocative conduct building up until the final encounter.

[5]On 11 July 1998, three years after her release, Wistrich and Bindel found Humphreys dead in bed at her home from an apparently accidental overdose of chloral hydrate.

[11] According to Julie Bindel, Humphreys told her that she had been raped by a stranger in her own apartment a few weeks before her death, and attributed her increased drug-taking to coping with the assault.

[33] After her death, Humphreys' father gave Bindel and Wistrich a suitcase he had kept in his attic that contained her belongings, including a diary dating to three years before she killed Armitage.

Barristers Vera Baird (above) and Helen Grindrod QC represented Humphreys in court.