On 25 October 2024, the criminal appeal court rejected an appeal by 25 year old Lea Rose Cheng who was convicted of the murder of 39 year old Dylan Bacon at Liverpool Crown Court on 4 September 2023. Lea Rose remembers nothing of the events that led to fatal stabbing of Dylan, but CCTV evidence provides a compelling account that she was followed home and sexually assaulted by the deceased. She triggered a domestic abuse panic alarm in her home, where police found her virtually naked with injuries from a stab wound.
Her lawyers argued that the judge at trial should have left the partial defence of loss of control to the jury. The court of appeal rejected this argument saying the evidence was speculative. This was despite DNA evidence revealing sexual contact and of a ripped bra. She had complained repeatedly to the police and her housing association about a group of men including the deceased taking advantage of her.
Harriet Wistrich, Director of Centre for Women’s Justice, stated:
“This judgment illustrates how the defence of loss of control does not serve women who kill in circumstances where they are threatened with male violence. Instead, most Court of Appeal decisions on loss of control have extended the defence to perpetrators of femicide. The relatively new defence was introduced to replace provocation widely seen as favouring men who explode in anger over women who respond out of fear of serious violence. This case shows how the law still does not work for women and more radical reform is needed.”
Lea Rose Cheng was distraught with the outcome but stated she is committed to continue working with campaigners and lawyers to achieve reform and a greater understanding from the criminal justice system towards women subject to male violence.
After her conviction, Lea Rose said:
“Women are not safe. Like many women, this isn’t the first time I’ve been followed by a man. I asked to be moved from the area. The authorities could have helped. I will probably never know what happened to me that evening. Where he took me or what he, or others, did to me. Something must have happened for me to stab him.”
ENDS
Notes:
To read the press release issued on 22 October 2024, please click here