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Monday, 4 November, 2002, 14:37 GMT
Wife walks free after murder appeal
Josephine Smith
Josephine Smith's conviction has been cut to manslaughter
A woman jailed nine years ago for shooting dead her husband has walked free after her murder conviction was quashed at the Court of Appeal.

Josephine Smith, now 40, was sentenced instead to 10 years for manslaughter, and was released from the cells at the Royal Courts of Justice.

Smith, a mother-of-three, shot her husband Brian as he slept at their home in Watlington near King's Lynn in Norfolk in July 1992.

Her counsel, Vera Baird QC, told the three appeal judges on Monday Smith had suffered years of "cumulative provocation" at her husband's hands.

Josephine Smith's husband
She killed her husband Brian with a shotgun

Smith emerged from the cells carrying two large bin bags containing her belongings.

She said: "My focus at the moment is to get back with my family.

"It has taken an awful long time but I'm very pleased with the result and I can only hope that other people get the support that I have had."

Following her release, she entered Court Five to hear the judges give their reasons for overturning the murder conviction.

Psychiatric evidence

Ms Baird had submitted four grounds of appeal, all based on the defence of provocation.

She said the judge had failed to sum up adequately the issue of provocation at Smith's trial.

Lord Justice Rose, Mr Justice Hughes and Mr Justice Royce, also heard fresh psychiatric evidence.

The case was referred to the appeal court by the Criminal Cases Review Commission, which looks at alleged miscarriages of justice.

'Violent' husband

During Smith's trial, the prosecution refused to accept her plea of manslaughter on the grounds of provocation or diminished responsibility.

Smith claimed her husband had beaten her repeatedly, and had threatened to track her down if she ever left him.

She also said he had made her watch pornographic videos and re-enact degrading sex acts.

The prosecution suggested she had invented and exaggerated the abuse.

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Louis Charalambous, Josephine Smith's solicitor
"She was provoked into the killing by many years of abuse"

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