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Manchester Evening News
Manchester Evening News
National
Andrew Bardsley

"You killed your wife... and then tried to kill yourself": Every harrowing word the judge told Graham Mansfield as he allowed him to walk free from court after killing his wife in 'act of love'

Graham Mansfield told how he feared he'd be sent to jail after being convicted of the manslaughter of Dyanne, his wife of more than 40 years. Mrs Mansfield, 71, who had been diagnosed with terminal cancer, had asked her husband to kill her when her illness got 'too bad' as she didn't want to go into hospital.

He slit her throat before making serious attempts on his own life, which ultimately failed. After a four day trial at Manchester Crown Court, a jury found 73-year-old Mansfield not guilty of murder, but guilty of manslaughter.

They accepted he'd formed a genuine suicide pact with his wife, which she'd agreed to. The judge, Mr Justice Julian Goose, said the case was 'exceptional' and allowed Mansfield to walk free from court.

READ MORE : Husband who cut his terminally ill wife's throat in desperate suicide pact says he 'killed her with love'... she promised him 'I won't make a noise'

Here is everything the judge told Mansfield during Thursday afternoon's sentencing hearing:

"In October 2020 your wife, Dyanne Mansfield, was diagnosed with stage four cancer of the lung. She was 71 and you had been happily married for 41 years.

"You were aged 72. That was not the first time she had been diagnosed with cancer.

"In 1999 she was diagnosed with a cancerous tumour of the bladder, which in 2004 became a secondary tumour, requiring the removal of a kidney and her urethra.

"The diagnosis in 2020 was of secondary malignant disease in the lung, consequent upon the earlier cancer of the bladder.

"The treatment with chemotherapy appeared to be achieving some success but in truth it was not, because by February 2021, she had developed a further cancer in her neck.

"She was losing weight, had difficulty swallowing and could not sleep. The medical prognosis was obvious to you both, that her life expectancy was very short.

"In evidence from Professor Sikora, by the 23rd March 2021, her life expectancy was between one and four weeks. After the diagnosis in October 2020, you and your wife made an agreement, a suicide pact, that when the time came for her and she could not bear to suffer anymore, that you would kill her and then yourself.

"That time came by the 23rd March of last year. She was deteriorating by the day and you could do nothing more to alleviate her suffering. She told you that she wanted to die.

"You arranged your affairs and planned to carry out the pact on the 23rd March. You both resolved to do it at the bottom of your garden, out of sight from neighbours.

"The method chosen was to use a knife to cut her throat, then your own. Whilst that appears at first to be a violent way, you had discounted others because they were less certain and might have taken too long.

"You both wanted it to be quick and, you thought, simple.

(PA)

"Whilst sitting in a garden chair, next to one for you, a sharp blade was used whilst you stood behind her. In your evidence, which I accept, you said that every sinew of your being did not want to kill your wife, it was what she had asked you to do.

"It was an act of love, of compassion, to end her suffering. You killed your wife and then tried to kill yourself.

"You cut your own throat, your wrists and took an overdose. You failed to kill yourself.

"When the police discovered you, after the following morning when you were bleeding whilst on the kitchen floor, you repeatedly said that you wanted to die.

"The last thing you had wanted was not joining your wife in death. The circumstances of this case have been a tragedy for you.

"After a short trial you have been found guilty by the jury of manslaughter by reason of a suicide pact, in accordance with s4 Homicide Act 1957.

"I must now assess your culpability on the basis that the harm caused was the death of your wife. I bear in mind that many of the factors that would ordinarily indicate a higher culpability, do not apply in a case of a killing as part of a suicide pact.

"The planning, premeditation and the intention to kill are to be expected. The use of a knife was to effect the agreed killing more quickly, rather than to indicate high culpability.

"Whilst you were not suffering from any mental disorder or learning disability, you were under immense emotional pressure: to relieve your wife of her suffering at her request.

"I am entirely satisfied that you acted out of love for your wife. You agreed to what she asked you to do, only because she could not do it herself and you intended to kill yourself.

"You made genuine concerted attempts to do so. Your failure caused you substantial grief which lives with you.

"I am satisfied that your culpability was low. Whilst there is no express provision within the manslaughter guidelines for suicide pact offences, I have in mind the General Guideline and the approach to be taken in the stepped approach.

"The most closely analogous is unlawful act manslaughter. That is agreed by counsel.

"Given my assessment of low culpability the guideline provides a starting point of two years, with a range of one to four years. I find support for that sentencing range also from the cases of R v Sweeney (1986) 8 Cr. App. R. (S) 417 and R v England (1990) 12 Cr. App. R. (S) 98.

"Whilst I do not find that the use of a knife indicates high culpability, it remains an aggravating factor of seriousness. The mitigating factors include your positive good character reflected in the many statements produced in evidence; your age, now 73; you reported the offence to the police and cooperated in the investigation and that you inflicted significant injury to yourself.

"In the result, the aggravating and mitigating factors are in balance and I remain at the sentence of two years.

"I turn to the question of whether the sentence can be suspended. I do not consider that a pre-sentence report is required.

"Whilst this offence ended the life of your wife, the circumstances of this case are exceptional. The factors indicating a suspended sentence, within the Imposition Guideline, are substantial.

"I shall suspend your sentence of imprisonment.

"Please would you stand? I sentence you to two years imprisonment, which will be suspended for two years.

"It means that you must not commit any offences during that period. Should you do so, this custodial term may be activated."

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