Malcolm Bishop Q.C. and Nicholas Marney, both of Argent Chambers, defended Kemi Ajose who together with her Co-Accused was convicted of the manslaughter of Rosie Boxhall at the Central Criminal Court on Tuesday 15 December 2009.

Following a spate of bullying by Kemi and a 13 year old, T.J, Rosie tried to escape by climbing through a 2nd floor window and fell to her death. The case was particularly poignant in that Rosie had been rescued from the slums of Brazil by her adoptive parents who were missionaries working there on behalf of the Church of England. She came to the UK with them in search of a better life with tragic consequences.

Speaking afterwards Mr Bishop said, “ Kemi’s legal tream were gratified that we were able to persuade the court to make a hospital order, rather then the 8 years custody imposed on her Co-Defendant but that in no way minimises the deep tragedy at the heart of this case: there were no winners”.

Mr Bishop pointed out that this case proves the importance of obtaining a psychiatric report from experienced and respected clinicians who would command the respect of the court. Here we were able to secure the services of an eminent psychiatrist whose opinion carried great weight with the court.

In Mr Bishop’s view the case raised many important issues of law including the foresight necessary in cases of involuntary manslaughter: is it that of the reasonable man or an individual with the personal characteristics of the defendant. The ‘subjectivisation’ of the criminal law following the House of Lords decision in G now needs very careful consideration in all cases which intent is a material consideration.