A solicitor has called for courts in England and Wales to take heed of a landmark decision in Scotland which held an abuser criminally responsible for the suicide of his partner.
Lee Milne, 40, was sentenced to eight years last week after prosecutors proved his 18 months of abuse was a significant contributing factor in his wife Kimberly’s death. Now Nichola Skayman, head of domestic abuse and private law children team at Pepperells Solicitors, is calling for courts in England and Wales to follow Scotland’s lead.
Milne was sentenced on 10th April after being found guilty of culpable homicide and engaging in a course of abusive behaviour towards his wife, Kimberly Milne, 28. It is the first time in Scotland that an offender has been held criminally responsible for the suicide of their partner following a jury trial.
For Skayman the ruling marks a pivotal moment for how the law recognises the full consequences of domestic abuse. “This is a truly significant moment in the legal recognition of domestic abuse and its consequences” he said. “For the first time, a jury has held an abuser criminally responsible for the death of a partner he drove to take her own life. That matters enormously.”
While the ruling in Scotland does not automatically apply in England and Wales, Skayman said she hoped it would carry “real persuasive weight in courts here” and the judiciary would “take note” of the Scottish ruling.
Kimberly Milne died on 27th July 2023 after jumping from a bridge onto the A90 in Dundee, where she was struck by a vehicle. CCTV footage from that day captured Milne shouting at her, driving his car at her and seizing hold of her in the moments before her death. The footage showed Kimberly cowering from him, hiding behind a wall and trailing slowly behind him as he led the way.
During the case it was alleged Milne had subjected Kimberly to 18 months of physical, verbal, emotional and psychological abuse, and that his deliberate conduct was a significant contributing factor in her death. Sentencing Milne, Judge Lady Drummond stated: “By the jury’s verdict, you must bear responsibility not only for all of your abusive acts but for causing her death.”
Lady Drummond also noted that domestic abuse is rarely about a single incident or act of violence, referencing more subtle but “nonetheless harmful, exertions of power and control in a relationship” as central to the case.
Skayman added that the involvement of domestic abuse charities in Scotland gives further cause for optimism about the ruling’s potential reach.
“ASSIST, a branch of Women’s Aid, has welcomed this outcome as a positive step forward. Women’s Aid already holds significant influence in England and Wales, and their support for this ruling will not go unnoticed. We can only hope that the principles underpinning this verdict begin to shape how similar cases are handled on this side of the border.”
