The Court of Appeal in Belfast has quashed Julie Ann McIlwaine’s conviction for the murder of her partner, James Joseph Crossley, after ruling that the jury at her trial was misdirected on her defence of loss of control.
The case has been adjourned until 16 October. The prosecution is due to tell the court then what steps it wants to take, including whether it will seek a retrial.
The ruling
Ms McIlwaine, 35, from west Belfast, admitted killing Mr Crossley, 38, at her former home in Dunmurry in March 2022, but denied murder. Her case was that she had lost self-control as a victim of domestic abuse. In October 2024 a jury unanimously found her guilty of murder, and she had been serving a minimum term of 12 years.
On Friday, the Lady Chief Justice, Dame Siobhan Keegan, sitting with Lord Justice Colton, upheld her appeal. The central issue was how the trial judge explained the legal test for loss of control. Jurors were asked whether someone with similar characteristics to Ms McIlwaine “would” have reacted in the same way, when the correct question was whether such a person “might” have done so. The appeal judges accepted the defence argument that this wording set the bar too high.
“We cannot be satisfied that the conviction is safe,” the Lady Chief Justice said. She described the misdirection as “highly material, given the uncontradicted expert evidence”.
Expert evidence
Two consultant forensic psychiatrists had concluded that a properly directed jury could find Ms McIlwaine met the criteria for loss of self-control. Both highlighted the psychological impact of prolonged abuse and the recognised ways victims in coercively controlling relationships can respond.
The court heard the couple’s relationship had been marked by emotional manipulation and coercive control. At the time of his death, Mr Crossley was on bail for an alleged assault on Ms McIlwaine and was subject to a restraining order, although the pair had resumed their relationship.
Back in court on 16 October
Adjourning the case, the Lady Chief Justice told prosecution counsel: “You have to come back to court on what steps you want to take.” No decision on a retrial has been announced. The written judgment had not been published on the Judiciary NI website when we checked early on Saturday.
Support
If you have been affected by domestic abuse, the Domestic and Sexual Abuse Helpline is free and available 24 hours a day on 0808 802 1414. You can find more information on nidirect. In an emergency, always call 999.
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