Man's conviction for murdering woman to be reviewed
Merseyside PoliceA man who was jailed along with his brother for murdering a woman after she reported homophobic abuse by some of their associates is to have his conviction reviewed.
The Criminal Cases Review Commission (CCRC) has Nicholas Curtis's partial defence of loss of control was not properly considered at his trial or put before the jury.
The trial at Liverpool Crown Court heard there had been a confrontation between the victim and a group of men near her home in John Street on 30 September that year.
It was alleged that she had used a hammer and a knife to attack a van belonging to Nicholas Curtis before the brothers attacked her.
Prosecutors said Nicholas Curtis stabbed her five times while his brother kicked and stamped on her head.
Nicholas Curtis argued that he had acted in self-defence and claimed the victim had lunged at him, stabbing him twice.
He said she was fatally injured in the struggle that followed.
But the prosecution said even if she had attacked the brothers, their response went beyond reasonable self defence.
'Real possibility'
The CCRC said it "considers there is a real possibility that the Court of Appeal will find the conviction unsafe because it is not clear that the trial judge properly considered whether the jury should have been allowed to consider the partial defence of loss of control".
It added: "There is no record of the judge's reasoning on this issue."
The CCRC said loss of control was not raised by either the prosecution or defence during the trial and did not feature in Nicholas Curtis's grounds for appeal.
"Had the defence been put to the jury as an alternative to self defence, and had the jury accepted it, Mr Curtis would have been acquitted of murder and convicted of manslaughter instead," the CCRC said.
CCRC chairwoman Dame Vera Baird KC said: "The law requires all relevant defences to be properly considered when a person's guilt is being decided.
"Our review identified a significant issue around the partial defence of loss of control which was not raised at Mr Curtis's trial or in his appeal.
"We consider there is a real possibility that the defence should have been put before the jury and, as a result, that the Court of Appeal may find the murder conviction unsafe.
"We have referred the case so that the Court of Appeal can consider the issue and decide whether the conviction can safely stand."
Listen to the best of BBC Radio Merseyside on Sounds and follow BBC Merseyside on Facebook, X, and Instagram. You can also send story ideas via Whatsapp to 0808 100 2230.
