The murder conviction of a man who stabbed his wife 86 times has been upheld by the Court of Criminal Appeal in Edinburgh.
Claiming diminished responsibility due to mental illness, 48 year old David Lilburn said that a “black shadow” had instructed him to kill his wife. At trial, jurors had not been convinced by this argument, resulting in the original sentence for murder.
Lilburn again used the diminished responsibility submission as the main ground of his appeal. However, judges refused to accept that he was mentally ill at the time of the killing in 2007.
Having been found to have murdered his wife using 4 knifes following her consultation to lawyers about a potential divorce, Lilburn must, at present, serve a minimum sentence of 19 years. He is, nevertheless, expected to return to court to challenge the sentence once again.
Cases like these often turn on the medical evidence available through expert witness opinions, such as those obtained from clinical psychologists or psychiatrists. It remains to be seen what further assistance can be drawn from the medical evidence in this case.
