R v Lea Rose Cheng
[2024] EWCA Crim 1400
Martyna Ogonowska v R
8 September 2023
[2023] EWCA Crim 1021
Court of Appeal
Martyna was convicted of murder. She appealed, claiming she acted in self-defense or without full responsibility due to mental health issues. The court didn't believe her, so her conviction stands, but they'll look at her sentence later.
Key Facts
- •Martyna Ogonowska (aged 18 at the time) was convicted of murder and possessing a bladed article.
- •The murder involved stabbing Jaskiewicz, whom she had met a few days prior.
- •The stabbing occurred after an argument in a car, following a night out.
- •Ogonowska's defense was that the stabbing was not deliberate, potentially during a struggle in self-defense.
- •The prosecution argued the stabbing was deliberate and controlled.
- •Ogonowska's appeal was significantly out of time (717 days).
- •Psychiatric evidence was presented regarding Ogonowska's mental state, specifically PTSD stemming from a past rape allegation and postpartum depression.
- •The appeal raised issues of loss of control, self-defense, diminished responsibility, and the handling of evidence regarding the past rape allegation and the expertise of a prosecution psychiatrist (Dr. Ho).
Legal Principles
Partial defense of loss of control (Coroners and Justice Act 2009, sections 54 and 55)
R v Goodwin [2018] EWCA Crim 2287
Self-defense
R v James and others [2018] EWCA Crim 285
Diminished responsibility
Not explicitly cited but discussed extensively
Admissibility of bad character evidence (Criminal Justice Act 2003, sections 98, 101)
Criminal Justice Act 2003
Fresh evidence (Criminal Appeal Act 1968, section 23)
Criminal Appeal Act 1968
Relevance of PTSD to loss of control
R v Rejmanski [2017] EWCA Crim 2061
Outcomes
Appeal against conviction refused.
The court found insufficient evidence to support the defenses of loss of control and diminished responsibility. The handling of evidence concerning the past rape allegation and the psychiatrist's expertise were also deemed not to have affected the safety of the conviction.
Application for leave to appeal against sentence adjourned to a future date.
The court will hear the sentence appeal separately at a later time.