Saturday, 16 January 2016

Husband Who Stabbed Wife To Death Cleared Of Murder

A jealous husband who stabbed his wife to death has been cleared of murder because she was leaving him. Jonathon Cudworth killed mum of two Mariola when he "snapped" after she admitted having sex with a lover and wanted to end the marriage.




He stabbed her four times but has now been cleared of murder and found guilty of manslaughter.


Cudworth, 35, was sentenced to 15 years in prison at the Canterbury Crown Court where a jury heard that he lost control, grabbed a knife and lashed out. 

Judge Adele Williams said if  they believed that wife Mariola, known as Mika, threatened to leave him and believed that was the trigger for Cudworth to snap, they could acquit him of murder and convict of manslaughter.
The jury heard how in the hours before her death, Polish-born Mika had been holding hands and sharing a kiss with a new man in her life.


Cudworth was furious when his texts to the barmaid had not been answered and she was late returning home from working at a pub.
After she had got home and changed her clothes, he grabbed her by the throat before plunging a knife into her four times.

Defending, Oliver Saxby QC asked: "Were you thinking straight?"
Cudworth replied: "No, I wasn't thinking straight."

The jury then heard that the former soldier and forklift driver of Northbourne, Kent, set about disposing of the body, which he dumped behind a composts heap in the couple's back garden.
In his final address, Mr Saxby told the jury: "Look at the circumstances that he was in, backed up against a table."
He said Mika had been "in his face" telling how she had sex with Dan Groombridge, a regular at the pub, and was planning to leave.

Mr Saxby added: "Then his hands feel the knife and at that point he loses control.
"Might someone, in those  circumstances, who has realised both the deception he has been subjected to and the fact his life was about to be utterly shattered, snap, as Cudworth did?" Cudworth reported her missing to the police, told lies to friends and family, posed as her on Facebook, and threw her belongings in the sea.
Prosecutor Philip Bennetts QC told the jury: "In an effort to hide what he had done he cleaned the house and disposed of all he could."
And secretly, while officers scoured the area, Cudworth was researching on the internet how fast bodies decayed.

Cudworth then disposed of her body in a field near Eastry, Kent, where it was later discovered by a medium.
He added: "Cudworth later posted messages in Polish purporting to be Mika.
"They had the appearance of being poorly translated and did not make grammatical sense.

"Her friends suspected that they had not been written by her."

Jailing him for 15 years, Judge Adele Williams said: "This was a brutal and callous killing.You then took considerable steps to destroy all the evidence of the killing before laying a false trail to cover up.
"On all the evidence, you subjected her to physical and emotional abuse and have shown no real remorse or regret."

mirror.co.uk




but he murdered her nau?please oh Lawyers i need explanation as to why a plea of manslaughter was reached.Does it mean that provocation changes murder to manslaughter?




34 comments:

Lucinda Maya said...

Stella there is premeditated murder and there is manslaughter. From what I deduce from this write up, the said man slaughtered his wife but did not murder her. Well...what do I know? Aint a lawyer. I'm a business mogul!

Lucinda

Eka Joy said...

Let it be a black man now, they will label him an animal (rightfully) but because it's a white man now, they are making useless excuses for him. Stupid people. That's clear murder, provoked or not.

Akinola Teniola said...

It's so confusing jare

Roseline Dakok said...

Hmmmmmn nawa o

NORTH DAKOTA SIOBHAN said...

I don't understand it either.

danny fisiye said...

ohaji







#GODWIN™

Moncoeur behbeh said...

WoW. His lawyers must be toh badt. Na wah justice is blind deaf and dumb.

ELENA (HER MAJESTY) said...

It's manslaughter cos he never intended nor haboured plans to kill his wife from the onset,he only did so without thinking out of anger cos she was cheating.his rage drove him to stab her. Anger cld make us act some certain typa way

Stella Asemota said...

I5 years only for murder?

Chidinma Grace said...

Pls explain, what's d different?

Anonymous said...

Don't mind them if it were a black man now he will be given maximum sentence. Death in the gas chamber or by lethal injection.double standard of the highest order

Dolly said...

From someone to be convicted of murder there has to be two essential ingredients:actus reus= action and mens rea= intention. In our case, the murderer just snapped. This is very crucial because it means he never had any intention to kill the wife (i guess his lawyers concinced the judge enough to think that the murder was not premeditated) so he can't be convicted of a murder and has to go for the lesser, which is manslaughter.
Criminal lawyers in the house, please confirm

Anonymous said...

Stella provocation is a valid defense in law and where it can be established, it reduces the sentence of murder to manslaughter. A person who is seriously provoked cannot be said to be sane. However, the punishment is only reduced

lami said...

Murder is murder.

Anonymous said...

Wickedness...

The General's Wife said...

The jury sha.

ada ifeanyi said...

Yea this is man slaughter.

Tayan Taylor said...

The bottom line he killed her, jealous bastard

Idara Patrick said...

A defence of provocation can mitigate a murder charge to manslaughter.

Whirlwind said...

Provocation is a defence to murder in law, just the way some people plead self defence, insanity, intoxication etc.

Apparently, he hired a good lawyer who made a good case for him.

In this circumstance, his lawyer proved that he acted in the heat of passion and lost self control i.e spur of the moment and not premeditated.

It is deemed that a person who commits murder under provocation is not in total control of their mind eg you caught your wife having sex or someone was raping your daughter and you killed him.

The "reasonable man's test" will be adopted i.e how will a reasonable man react if put in the defendant's shoes?

If the prosecution is able to prove beyond reasonable doubt that the defendant's action was premeditated, then the plea will fail.

Manslaughter is a less serious offence than murder so let's just say the defence of provocation may reduce Murder to Manslaughter if successful.

stranger said...

I was already typing my very long epistle. You are on point.

Roseflower said...

Sicko.

Anonymous said...

Ignorant idiot... There is a difference between murder and mans slaughter....he killed her but he was able to convince them it was not premeditated

Anonymous said...

U all come here forming posh but can read simple English mcshweeeeeew

Anonymous said...

Crime of passion, I will say. Lucinda, they have murder in the first degree and second degree.
First degree is premeditated in that the person sought out to kill, devised a means, prepared,carried it out as planed.
Second degree, is not pre meditated but had the intention to kill.
In Murder cases, you must prove an intention to KILL. Ie the person wants the victim dead.

In Manslaughter, the intent is not to kill. Ie hit and run, driving under influence and hitting someone. The person might have committed an aggravated assault that lead to death but never intended to kill the person.
If I carry someones child and spin her round playfully that she slipped thru my habds and died from injury, it is manslaughter cos It is even dangerous to spin children but I might have been ignorant, except their is now motive or intent to kill.
The Doctor that was protecting the nurse and gave the patient a fatal blow is also manslaughter.
Even manslaughter has voluntary and involuntary manslaughter.
Either way, manslaughter carries way way lesser sentence.

One trillion said...

End time judgment

Queen Jay said...

Mtsheeeew I jus dey vex for this verdict

Anonymous said...

A plea of provocation is a defence for murder, d accused gets convicted for manslaughter and faces lesser jail term or life imprisonment as against death which is the penanlty for murder

xxxTrinityxxx said...

There is a clear difference between murder and manslaughter. Go and read up!

xxxTrinityxxx said...

Manslaughter. Not murder. That's y it's just 15years. If it's murder he would get life or more years. Murder is premeditated. Manslaughter isn't. Just like a car runs someone down. It's not murder. It's manslaughter. A woman tries plans to kill her husband to take he's money. It's murder cos it's premeditated. There's also murder in the first degree. And also second degree murder. Dont know it's like that in naija tho.

xxxTrinityxxx said...

The jury was right. It was manslaughter cos the man never had plans of killing his wife. She taunted him with sleeping with someone else and told him she was going to leave. He then grabbed a knife and plunged it into her. Manslaughter. It just happened

Angel O said...

It is crime of passion.

sisi eko said...

Whirlwind did justice to this. Nothing else explains it better than what she's written here, Stella.

The General's Wife said...

@ Trinity,Ok.as in diminished responsibility.esp as it was a Crime of Passion.

Dat one settled,I don't get d 15 years.it's mild in my own opinion. Cos I have seen peeps go in for manslaughter but with longer years.

Dunno but watching CI Have taught me,if u wanna move out,if u want a divorce or even cheating,move out ooo.move away.Cos ur partner isn't in d best frame of mind.
Wit custody battles too.