A MAN who is accused of allegedly attempting to murder his ex-partner after he held a knife to her throat and set fire to her home did not intend to kill her, a court has heard.
As previously reported, Kyle Butler, 28, from Cannon Close, Ellisfield, currently stands trial at Winchester Crown Court accused of attempted murder and wounding with intent.
Officers were called to an address in Butler Close in Basingstoke at 6.34am on Friday, June 24, last year. They found a woman in her 20s with non-life-threatening injuries.
The court heard that he allegedly stabbed his ex-partner with a knife he had purchased and set fire to her home.
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Opening the case, prosecutor Kerry Maylin said: "Mr Butler entered [the property] Butler Close without an invitation, he made his way into the house and he made his way to her bedroom where she was sleeping. He woke her, he held a knife to her throat, he threatened to kill her and himself."
On Wednesday, April 5, Benn Maguire, defending gave his closing statement to the jury.
Speaking to the jury he said: "They [the prosecution] said to you I suspect that Mr Maguire may well say to you he had the opportunity to kill her, so why didn’t he do it if that was his intention? If his intention was to kill her why didn’t he do it?
"The prosecution anticipated that question but I will pose that to you. The reason is it is a gaping hole in the evidence. He had every opportunity including holding and pressing that knife against her neck, he was there for at least 20 to 30 minutes."
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He continued: "His ex-partner is not dead because Butler did not intend to kill her."
The court had previously heard suggestions that his ex-partner made comments to provoke Butler.
Mr Maguire added: "If a man is threatening to kill you, and you believe he is going to kill you with the knife, the last thing you are going to do is anything to try to provoke him or make him more angry."
The jury was told by Mr Maguire that Butler "had the knife to kill himself" in a "desperate cry for help" and the incident was just "empty threats".
The jury has now retired to decide their verdict.
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