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Violence victim found not guilty

A Sydney woman who fatally stabbed her abusive fiance during an argument the day before their wedding has been found not guilty of manslaughter.

Marcela Castaneda, 33, was on trial for stabbing American man Gregory Peck at their Cecil Hills home in February 2013, but had maintained she was acting in self-defence after Mr Peck began choking her.

The jury of six men and six women took just more than five hours to reach its unanimous verdict.

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Castaneda’s family began weeping as the verdict was read out; she walked out of the dock and into their arms.

Outside court, her father Mario Castaneda said he was relieved and also expressed sorrow at Mr Peck’s death.

“This has been a long two years for us, going through all this ordeal.

“This tragedy also is the loss of the life of Mr Gregory Peck and we grieve for the family.”

Mr Peck’s friend Craig Beechey said he was devastated by the verdict, saying Mr Peck was “an amazing guy, very engaging, very witty [and] kind hearted”.

Mr Beechey said he felt a sense of injustice.

“He [Mr Peck] didn’t deserve to die and there’s nobody being held accountable for it. So, I just think it’s wrong.”

Early in the trial, Justice Helen Wilson directed the jury to find Ms Castaneda not guilty of murder – he original charge – and instead consider a charge of manslaughter.

She also told the jury they could only find Ms Castaneda guilty of manslaughter if they were satisfied beyond reasonable doubt that her actions were not reasonable in the circumstances and that she did not have to stab Mr Peck in order to defend herself.

“You don’t have to believe what Ms Castaneda said to you to find her not guilty,” she said.

The jury was also instructed that, on the evidence, they should consider that Mr Peck had a tendency to be violent to his partners.

Castaneda was ‘choked, struggled to breathe’

Prosecutor Patrick Barrett conceded Castaneda had a well-documented history of abuse at the hands of Mr Peck, but he reminded the jury the couple had stayed together, despite their tumultuous relationship.

In summing up the crown’s case, he told the jury that, according to Ms Castaneda’s own account, the shouting and arguing between her and Mr Peck had ceased when the stabbing occurred.

But Ms Castaneda’s barrister Phillip Strickland, in his closing submissions, said his client’s actions on the night she stabbed Mr Peck had to be considered within the full context of her five-year relationship with him.

“Marcela Castaneda knew and had experienced Greg Peck capable of serious domestic violence, especially when he was intoxicated,” he argued.

“Within minutes, or a minute, before the incident she had been choked around the neck for about 10 seconds.

“Choked to such a degree that she struggled to breathe and could not scream.”

Mr Strickland told the jury that Castaneda tried to flee through her front door but had no option but to run into her kitchen and grab a 15-centimetre knife when Mr Peck followed her.

“Even after she took hold of the knife he showed no sign of fear or backing down,” Mr Strickland said.

“In particular, he screamed at her ‘oh you want to f***ing do this?'”

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