Husband Sentenced to Eight Years in Landmark Domestic Abuse Case
In a groundbreaking prosecution for Scotland, Lee Milne has been jailed for eight years after being found guilty of culpable homicide and domestic abuse offences following the suicide of his wife, Kimberly Milne. The High Court in Glasgow heard how text messages revealed the 28-year-old woman had been trying to leave her abusive husband in the months before her tragic death.
Disturbing Text Messages Reveal Violent Abuse
Heartbreaking text messages presented by the Crown Office and Procurator Fiscal Service (COPFS) showed Kimberly Milne describing how her husband had choked her until she was nearly unconscious. In one message sent in May 2023, she wrote: "You barreted (battered) me last night and choked me for till I was nearly unconscious. You really don't care do you. This is over."
Lee Milne, 40, responded: "I'm ashamed you don't deserve that I'm sorry with all my heart baby." In another message to her sister, Kimberly expressed her fear about leaving: "How can I leave him if he's saying he's going to do himself in without me?"
Tragic Final Hours Captured on CCTV
CCTV footage obtained by Police Scotland showed the couple in the Kingsway area of Dundee in the hours before Kimberly's death on July 27, 2023. The footage captured Lee Milne behaving aggressively toward his wife, with Kimberly seen cowering from him, walking away as he drove at her, and hiding behind a wall. The pair eventually walked onto a flyover bridge where Kimberly climbed the barrier and jumped to her death, subsequently being struck by a vehicle.
First-of-its-Kind Prosecution in Scotland
This case represents the first prosecution in Scotland where domestic violence has made an abuser criminally responsible for their victim's suicide. Milne was found guilty not only of culpable homicide but also of subjecting his wife to a course of coercive and controlling behavior between January 2022 and July 2023.
Prosecutors Warn About Dangers of Non-Fatal Strangulation
Following the sentencing, Laura Buchan, Legal Director with COPFS, expressed deep concern about the increasing prevalence of non-fatal strangulation (NFS) both during sex and as part of domestic abuse. "There is no 'safe' way to strangle anyone," she emphasized. "In gripping, choking or strangling, hands are effectively being used as weapons and lives are endangered."
Buchan highlighted that strangulation is the second most common method of female murder in the UK, after knives or sharp instruments, according to official statistics. Despite often leaving no external evidence, Scots Law requires no proof of injury or harm, only that the dangerous act was carried out intentionally.
New Prosecution Guidelines and Training
COPFS prosecutors have received new instructions and training to ensure signs of non-fatal strangulation are identified and charged appropriately. There is now a presumption in favor of prosecution in these cases, whether NFS is claimed by an accused to be 'consensual' or part of 'rough sex.'
Dr. Emma Forbes, Scotland's Procurator Fiscal for Domestic Abuse, stressed the importance of raising awareness about the dangers of strangulation. "We all need to better understand the dangers but we especially need to protect those most at risk – young people and women," she said.
Groundbreaking Legislation Supports Prosecution
The Domestic Abuse (Scotland) Act 2018 has enabled prosecutors to evidence a range of abusive behavior over time rather than focusing solely on one-off incidents. This unique legislation allows authorities to capture the significance of various coercive and controlling behaviors, including non-fatal strangulation.
Prosecutors urged victims to reject any perceived 'normalization' of strangulation and report experiences of this potentially fatal act. They emphasized that in Scots Law, there is no defense of "consent" as the law recognizes that a victim cannot consent to an assault.
