The Supreme Court has ordered that a woman, who was jailed for life on murder charges, be freed from prison.
This is after the court reduced the murder charge on Rozleen Razia Khan to manslaughter.
Ms Khan was found guilty of murdering her four-year-old daughter, Rahika Rahida Ali, in July 2019.
Justice William Young ruled there was a miscarriage of justice as Ms Khan was affected by an abnormality of the mind.
“I would, therefore, have expected the judge to tell the assessors that they would have little difficulty in accepting that this element of the defence had been established,” Justice Young said.
“This would have left in play whether that mental abnormality had substantially impaired her capacity to know that she ought not kill Rahika.
“All of this means that the defence of diminished responsibility had considerable merit, and far more than the judge and Court of Appeal recognised.
“Their scepticism about the defence resulted from failures to analyse systematically what she had to establish and apply that to the evidence she provided.
“In short, I am satisfied that there was a miscarriage of justice.”
Justice Young said nearly six years had elapsed since the trial.
“I think it inappropriate to direct a new trial. So, I would replace the conviction for murder with a conviction for manslaughter.
“On her conviction for manslaughter, I would sentence the petitioner to imprisonment for five years, six months, a sentence that will allow for immediate release.”
