Supreme Court hears appeal over quashed Peter Farquhar murder conviction
Judges are considering how the law on causation applies when a victim's own actions lead to their death
The Supreme Court is hearing an appeal in the case of a man whose conviction for murdering a 69-year-old was quashed by the Court of Appeal in April.
Benjamin Field was convicted of murdering Peter Farquhar.
The hearing is taking place today before Lord Reed, Lord Hamblen, Lord Leggatt, Lord Stephens and Lady Simler.
The appeal is brought by the prosecution, with The King as the appellant.
What the court is being asked
The Supreme Court has been asked to decide two questions.
The first is whether the directions the trial judge gave to the jury were right in law.
The second is whether the Court of Appeal correctly understood and applied an earlier House of Lords ruling, R v Kennedy (No 2) from 2007, and whether the Supreme Court should reconsider that decision.
The prosecution says the answer to the first question is yes.
Background to the case
The Supreme Court's case summary says Mr Farquhar was found dead by his cleaner on a sofa at his home on the morning of 26th October 2015.
It says he appeared to have drunk himself to death, and that the evidence was that his death was probably caused by Dalmane, a prescribed sedative, and whisky.
The prosecution alleged Mr Field killed him by giving him alcohol, Dalmane or both, or by smothering him.
The case summary says Mr Field had pretended to be in a genuine and caring relationship with Mr Farquhar, who was persuaded to change his will so Mr Field would receive a large inheritance.
Mr Field was arraigned at Oxford Crown Court. He was sentenced on 18th October 2019 to life imprisonment with a minimum term of 32 years.
Previous appeals
The Court of Appeal dismissed his appeal against conviction on 18th March 2021.
It refused an application to reopen that appeal on 16th March 2022.
On 28th August 2025, the Criminal Cases Review Commission referred the case back to the Court of Appeal.
It did so on the ground that the jury had been misdirected on causation, meaning the legal test for whether someone's actions caused a death.
A differently constituted Court of Appeal heard the case on 5th March 2026.
On 16th April 2026 it allowed the appeal and quashed the murder conviction.
It also gave the prosecution leave to appeal to the Supreme Court and gave directions for a retrial, which has been put on hold.
The prosecution's case
In its written case, the prosecution says Mr Field planned to kill Mr Farquhar for his money.
It alleges he covertly drugged him over a period of years, manipulated him and falsely pretended to be in a loving relationship.
It says the jury's verdict established that they were sure Mr Field intended to kill.
The prosecution says the essential issue is whether Mr Field may have arranged matters so that Mr Farquhar brought about his own death without Mr Field being legally responsible for it.
Mr Field's case
Mr Field's written case says the law on causation was set out in R v Kennedy (No 2) and needs no reassessment.
It says the Court of Appeal in April correctly decided that the first Court of Appeal had not applied Kennedy correctly.
It argues the trial judge's directions were defective and that the conviction was unsafe.
It says the prosecution is relying on moral disapproval to avoid the legal principles of autonomy set out in Kennedy.
In answer to the Supreme Court's questions, Mr Field says the first is no, and that no reconsideration of Kennedy is needed.
What the interveners say
Three organisations have intervened in the appeal: Advocacy After Fatal Domestic Abuse, the Centre for Women's Justice and Project Resist.
They are non-governmental organisations that work on domestic abuse.
They say their interest comes from the Court of Appeal's suggestion that Kennedy might need reconsidering in light of other cases, including R v Wallace in 2018.
The interveners say this could affect cases where someone is accused of homicide after a death by suicide following a lengthy period of domestic abuse.
They argue the Supreme Court should leave the principles in Wallace undisturbed and make clear that it remains good law.
The interveners cite policing and government data which they say shows suicides following domestic abuse have consistently and materially exceeded intimate partner homicides over the last three years.
They say the same data shows that in 2024/2025, victims of domestic abuse were nearly twice as likely to die by suicide as by an act of violence by an intimate partner.
The interveners say any disturbance to the principles in Wallace would risk unhelpful consequences for the investigation and prosecution of such cases.
The written cases from all parties were published on 9th October 2026.
Where to get help
If you're affected by issues raised in this article, there is help available from your local domestic abuse service at www.womensaid.org.uk .
The National Domestic Abuse Helpline is 0808 2000 247 (run by Refuge)
The Men's Advice Line, for male domestic abuse survivors, is 0808 801 0327 (run by Respect)
The National LGBT+ Domestic Abuse Helpline is 0800 999 5428 (run by Galop)
If you are in immediate danger, always call 999.
If you, or someone you know, is suffering with their mental health or experiencing suicidal thoughts, you can speak to your GP. If someone's life is in danger, call 999 immediately.
You can also find help and advice from these services:
Hub of Hope - https://hubofhope.co.uk
Samaritans - call 116 123 - https://www.samaritans.org
Mind - 0300 123 3393 - https://www.mind.org.uk