Conviction in Scotland's First Case of Domestic Abuse Leading to Death
A man has been convicted of causing the death of his wife, who died after jumping from a motorway bridge, marking the first prosecution of this nature in Scotland.
Kimberley Milne, aged 28, died in July 2023 after being struck by multiple vehicles on the A90 motorway in Dundee.
Lee Milne, 39, denied charges of culpable homicide and domestic abuse across several residences in Dundee but was found guilty after a trial at the High Court in Glasgow. Sentencing is scheduled for 10 April.
Following his conviction, Milne, who had been on bail, was remanded in custody. He was found guilty of engaging in a course of abusive conduct towards his wife.
Prosecutors presented evidence that Kimberley had endured significant domestic violence from Milne during the 18 months preceding her death.
A witness, Daisy White, 25, testified that on the night Kimberley jumped onto the A90, she observed a man and woman arguing outside. Initially, White thought it was a "father-daughter situation." After going shopping, she saw the pair again outside a flooring store at the Kingsway Retail Park in Dundee, where the man appeared to be "trapping" the woman against a wall.
"Cowering, scared. She did not really do much. There was not much she could do. It did not look like (she was responding to the man) - she was seeming too frightened."
"It was a man making a young woman scared. It is going to be alarm bells."
Kimberley's mother, Lynne Bruce, 54, told police that Milne woke her the following morning to inform her that Kimberley had "gone." She recounted that Milne said Kimberley had crashed his car and that he had followed her on foot to a bridge.
In a statement read to jurors, Bruce said:
"I did not know what he was on about. He came in the house. He said something along the lines of Kim had pulled the steering wheel and crashed the car. He then said Kim had gone up to the bridge and he had chased her. He tried to grab her hands and she looked up at him, shook her head before jumping off. He then said he lay beside her."
When asked about her reaction, Bruce stated:
"Devastated."
Bruce also recalled seeing injuries on Kimberley and was told Milne was responsible. She noted that Kimberley had been acting "erratically" on the day of her death.
This case represents the first prosecution of its kind in Scotland. Previously, a similar conviction occurred in England in 2017, where a man was found guilty of unlawful killing following domestic controlling behaviour of his ex-girlfriend.
The trial revealed that the couple began their relationship in late 2021 and married in September 2022.
Prosecutors stated that Milne subjected Kimberley to torment early in their relationship, continuing until her death.
Among the incidents was an assault in early 2022 when Milne choked Kimberley.
Kimberley told police before her death:
"Lee and I were in his home and he went through my phone. He saw messages from other men before we were together. He got angry and started to shout and swear at me."
"He then called me offensive names. Immediately after this he put both hands around my neck and pinned me against the kitchen wall. After a while he swapped his hands, pressed his right forearm against my neck. A few seconds passed and he let go and started crying, saying how sorry he was."
Further Incidents of Abuse
Another assault occurred months later when Milne pulled Kimberley by the hair to the ground, then apologized, claiming he was "not that type of guy."
In late 2022, Kimberley reported discovering Milne's alleged infidelity with other women. He reportedly became "angry" and struck her on the head, causing her to fall and lose consciousness.
Other violent episodes were detailed, including one witnessed by a neighbour. Kimberley accused Milne of adultery again, leading her to barricade herself in a room.
She told police:
"Lee repeatedly punched my ribs and I was begging him not to hurt me but he was not listening. I felt unsafe so I decided not to leave that night. I slept with a knife under my pillow as I was so frightened of him."
Aftermath and Sentencing
Following the verdict, prosecutor Alex Prentice KC stated that Kimberley's relatives had submitted emotional victim impact statements for consideration by Lady Drummond, the sentencing judge.
He said:
"It is obvious the quite far-reaching effect Kimberley's death has had. They recognise that she had difficulties of her own, but the circumstances of the death brought great misery for the family, perhaps unlikely from which they will truly recover."
The court was informed that Milne had prior convictions for assault, resisting arrest, and driving offences.
Lady Drummond addressed Milne, stating:
"It will be obvious to you that these are very serious offences which have caused harm and upset to Kimberley's grieving family."
