Woman, 28, who stabbed her boyfriend in the heart with a steak knife during drunken row is jailed for life after being convicted of his murder for a second time following retrial
- Emma-Jayne Magson, 28, of Leicester, killed 26-year-old James Knight in 2016
- She denied murder at first trial, claiming it was self defence, but was convicted
- She has been jailed for life at Birmingham Crown Court with a 17 year minimumA woman who stabbed her partner to death with a steak knife during a drunken row and showed 'no remorse' has been jailed for life with a 17-year minimum sentence.
Emma-Jayne Magson was convicted of the murder of James Knight for a second time following a retrial.
The 28-year-old killer, from Leicester, stabbed 26-year-old Mr Knight to death in March 2016 after a drunken row.
She denied murdering Mr Knight at her first trial, claiming self-defence, but was convicted later that year and sentenced to life with a minimum term of 17 years.
Her second trial, ordered by the Court of Appeal, took place at Birmingham Crown Court where a jury again found her guilty of Mr Knight's murder, by majority verdict, on March 5.
She was today handed a life sentence at Birmingham Crown Court and will serve a minimum of 17 years in prison.
Mr Justice Jeremy Baker told her: 'I regret I am unconvinced you have, as yet, any real remorse for having caused James Knight's death.'
Emma-Jayne Magson, 28, (pictured left) of Sylvan Street, Leicester, killed 26-year-old James Knight (pictured right) in March 2016 following a drunken row
She has been jailed for life at Birmingham Crown Court (pictured during first trial in 2016) after being convicted of his murder for a second time following a retrial
Mr Justice Jeremy Baker, sentencing, told Magson her prison term would run from the date of the end of the original trial, in 2017.
He added that for legal reasons he could not impose a greater minimum term than the 17-year tariff previously handed to her.
But the judge said: 'Had it not been for the statutory limitation on the court's powers, the minimum term would have been in excess of that previously imposed upon you.'
In January last year, the Court of Appeal ordered a retrial after hearing new psychiatric evidence that Magson was suffering from emotionally unstable personality disorder (EUPD) - and so could have diminished responsibility.
Magson's application for a retrial was supported by campaign group Justice for Women.
Her second trial took place at Birmingham Crown Court where a jury again found her guilty of Mr Knight's murder.
A court heard how she plunged the blade into the heart of her partner in a drunken row following a night out in Leicester before waiting 45 minutes to dial 999.Her trial heard how Magson and Mr Knight had been out in Leicester city centre at about midnight, and took a taxi home in the early hours of March 27 2016.
Jurors were told the pair then began arguing and the cab driver asked them to get out of the vehicle.
CCTV footage showed what the judge referred to as evidence of the couple's 'volatile relationship', when Mr Knight pushed Magson causing her to fall.
At her home, later, he was heard banging on her front door after they arrived back there.
The judge said: 'I am sure that until the week of his death he had not shown any physical violence towards you.
'On the contrary, I am sure such physical acts of violence which had taken place during your relationship were ones for which you were responsible, including striking him with a hoover pipe, and stabbing him in the chest with an item of cutlery.'
Jurors had heard Magson's previous convictions for violence against others, were aggravating factors in this case.
The judge said that these had involved 'punching a girl outside a nightclub in 2011' and then in separate incidents, the following year, Magson had 'punched and kicked a girl, and put a glass into another girl's face'.
Emma-Jayne Magson, 26, of Leicester, was caught on police body-cam footage crying out for her boyfriend just moments after stabbing him with a steak knife and watching him dieMagson claimed at her retrial she 'hit out' at Mr Knight in the kitchen when he grabbed her by the throat, after she inadvertently picked up a knife from the sink.
Neighbours were woken by an argument with one hearing the victim say 'my heart is bleeding' - and noticed blood on his clothing.
After Mr Knight fell to the ground, the court heard, Magson delayed getting help, hiding the knife in a neighbour's bin, taking his blood-stained t-shirt indoors, changing her clothes and then 'calmly' calling 999.
She lied on the phone to the emergency call handler about the gravity of Mr Knight's injuries, telling them 'not to worry' when they said an ambulance may take a while because it was a busy Bank Holiday weekend.
She also lied to call handlers about his injuries, saying: 'I just think he's too smashed', after claiming he was under the influence of drugs and alcohol.
Police released chilling footage of Magson calmly chatting to 999 operators as she watched her boyfriend dying.
She says: 'My boyfriend is here and he's making weird noises, I don't know what's going on.
'He's got a lot of blood on him. I don't know what's up with him. James turn round so I know what's up with you.
'Now he's stopped making noises. He seemed fine, he's come home to me as I've been out all night and he's collapsed on the floor.
'He's breathing fine, its like he is asleep. I don't know if he's making noises for my sake or what. Now its just like he's asleep.
'I don't know if something is up with him or if he's playing me about. It looks like he is sleeping, but its not like he usually sleeps.'
After being told the ambulance might be delayed on a busy Bank Holiday weekend she replies: 'No, that's fine, don't worry about it. I just think he's too smashed, that's what I think.'
She failed to mention to operators he had suffered a stab wound, but later divulged to witnesses she had caused his injuries and was arrested by officers.
When the victim's brother came to see what was wrong, she 'deceived' him, telling how his sibling had been 'beaten up by bouncers', the judge added.
'A continuation of the false account which I am satisfied, was intended to seek to exculpate you for responsibly of his murder,' said Mr Justice Baker.
The judge said while the 'precise circumstances' of how Mr Knight came to stabbed 'may never fully be known', the jury had 'rejected the suggestion this occurred in self defence'.
Mr Justice Baker added: 'I am sure the account which you provided to the police, being strangled by James Knight, is untrue.'
He added: 'I am sure that without any justification, you made a conscience decision to fetch a steak knife from the kitchen and used it to inflict a fatal wound to James Knight's chest, penetrating his body to a depth of 11.5cm as it passed through one of his lungs and his pulmonary artery.'
The binman was pronounced dead from a single stab wound after being attacked with the 11.5cm (4.5ins) long blade in the early hours of March 27, 2016.
The 'cold, brutal and manipulative' killer then placed the weapon in a bin belonging to the victim's brother.
In further bodycam footage previously released by Leicestershire Police, Magson is seen telling officers who arrived at the scene: 'We had a fight but he seemed fine. He was breathing heavily, but he was still alive.'
She then appears to become more agitated as she screams: 'I don't care, just get my boyfriend out,' before adding: 'I don't care as long as he is alive'.
Magson can be heard sobbing as she bangs on the front door and says, 'I want my boyfriend' and 'James, come on.'
Magson was today handed a life sentence at Birmingham Crown Court (pictured, stock image) and will serve a minimum of 17 years in prison
After the first trial, Leicestershire Police released a statement from the family of Mr Knight, paying tribute to the 'happy, bouncy' father.
They said: 'James Knight was 26 years old, a father of two girls, a son, a brother, uncle, and a friend to many.
'James was a very happy, bouncy young man who made everyone's day brighter with a smile that was infectious, no-one will ever be able to forget it.
'We, as a family will never be able to forget the night we received the heart breaking news that James had died, the heart ache and pain James suffered will never go away, neither will the pain for those of us left behind.
'Although Emma has finally been brought to justice we will never truly be able to come to terms with the fact he has gone.'
After the second trial, the force made a second statement.
Detective Inspector Kenny Henry, from the East Midlands Special Operations Unit, said: 'It has been very disappointing to have to be back in court four years on to see the case be heard before a jury once more.
'The evidence against Magson continued to be overwhelming and the fact she has been convicted a second time just confirms that.
'Understandably James' family found it incredibly difficult to sit through the first trial and hear her lies and deceit and how Magson effectively sat back and watched James die.
'It has been horrendous for this to be spoken about in court again.
'They have done their best to come to terms with his death, but to hear yet again that Magson insisted that James had just collapsed because he was under the influence of drugs and alcohol has been distressing for them.
'They have been reminded with the fact that it was only some time later that she called an ambulance, and even then, she failed to disclose to the call taker that he had sustained a stab wound, [which] she later admitting causing.
'They continue to struggle with the possibility had Magson called an ambulance sooner and told of them of his injury, he could have lived and they wouldn't be mourning for James, a much-loved son and brother.
'Knife crime can have a devastating effect on families, which is why it continues to remain an ongoing priority for the force.'
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