Everything we know suggests that the CPS was right to drop murder charge against John Broadhurst

It is hardly surprising that the sentence passed on John Broadhurst, 3 years and 8 months imprisonment for the manslaughter of his girlfriend Natalie Connolly, has been widely condemned. The Attorney General has announced that he is considering whether to refer the case to the Court of Appeal, which would amount, in effect, to a prosecution appeal against sentence.

The terrible death of a deeply loved and blameless young mother is a very difficult thing to comment on. Perhaps for this reason the Crown Prosecution Service has not said anything about the outcome of the case at all.

The case raises some very uncomfortable questions: why was the murder charge not left to the jury? Why was the sentence so short? Is the law too soft on men who kill women? These are entirely legitimate matters of public concern.

On the other hand it is also very important that comment based on inaccurate or incomplete facts is corrected. The decision to withdraw the murder charge from the jury has been presented as though it were self-evidently absurd: it was not. It has been said that Mr Broadhurst was acquitted of murder simply by asserting that Ms Connolly liked being beaten: that is not true either.

The bare legal facts are that he was formally acquitted of murder by the jury, on the judge’s direction, after the prosecution decided to accept his plea of guilty to manslaughter.

It is easy to see why the decision to drop the murder charge has attracted outrage. Mr Broadhurst had inflicted “over 40” injuries to Ms Connolly: her buttocks, lower back and breasts were covered in bruises. She had haemorrhaged from an injury to her vagina, caused when Mr Broadhurst first inserted and then tried to remove a bottle of cleaning fluid. She also had what was described as a “blowout fracture” of her left eye socket. As she lay dying at the bottom of his stairs, he went to bed. When he eventually rang 999 to call for an ambulance the following morning he described her as “dead as a doughnut,” an awful, almost playful, phrase to use in such terrible circumstances.

In opening the case, the prosecution asserted that she died after Mr Broadhurst “totally lost it” and “beat her with his fists.” David Mason QC suggested that jealousy was the motive: Mr Broadhurst, he said, had discovered that his girlfriend had been contacting ex-boyfriends, and had arranged to meet a man in Dubai.

On the face of it this was a classic case of a violently abused young woman who had been appallingly treated by her jealous older partner.

How on earth could the CPS give up on pursuing a murder conviction? And how could it be that the judge felt that a sentence of less than 4 years imprisonment could be an appropriate punishment on a man who had not only killed, but also inflicted such injuries on her? Continue reading “Everything we know suggests that the CPS was right to drop murder charge against John Broadhurst”

The Parole Board may have got it wrong but it should not be intimidated out of making unpopular decisions

It is not surprising that the decision of the Parole Board to release the black-cab rapist John Worboys has sparked near universal outrage. The trial judge had passed a sentence of imprisonment for public protection (“IPP”), with a minimum term of 8 years imprisonment. That means that he could not be released until he had served at least 8 years, and thereafter could only be released if the Parole Board judged him “safe.” Once you take into account time served before his trial he has actually been in prison for over 9 years, the equivalent of a determinate sentence of at least 18 years imprisonment, significantly longer than the trial judge considered necessary for purely punitive purposes. Continue reading “The Parole Board may have got it wrong but it should not be intimidated out of making unpopular decisions”