A JUDGE has told the jury in the Charlotte Flanagan murder trial that defendant Gareth Richard Horton cannot be acquitted of the killing.

Brian Barker, QC, told the four man and eight woman jury at the Old Bailey that their job was to decide whether Horton, 29, of Walmsley Street, Darwen, was guilty of murder or manslaughter.

The judge was summing up during the sixth day of the trial before sending the jury out to consider its verdict.

Horton denies murdering Charlotte after a New Year's Eve 'Vicars and Tarts' party at the Barley Mow pub in London's West End.

After a row with his friend at the pub, Horton followed her up to her bedroom, stabbed her in the neck and then cut open her clothing.

Charlotte had gone to London and found work at the pub during a year out in the capital before beginning a nursing course.

Judge Barker told the jury that "there is no question of him being acquitted of everything".

He said that the "ingredients for murder" had been proved by the prosecution and that the jury must decide if there are grounds for diminished responsibility.

If so, he said, then Horton, who the court heard had developed an obsession with his victim, should be found guilty of the lesser charge of manslaughter.

For manslaughter to be the verdict, the jury must be satisfied on the balance of probability that Horton was suffering from an abnormality of mind which led to a substantial impairment of his mental responsibility.

The accepted causes for abnormality of mind include inherent illnesses, such as depression, he said.

The defence has claimed that a mixture of long-term depression and realising he was about to lose Charlotte, she had recently fallen in love with a new boyfriend, led to Horton 'flipping.'

Judge Barker said: "He must have been suffering a state of mind so different to that of an ordinary person that a reasonable person would judge it to be abnormal."

The prosecution allege that Horton reacted to a culmination of obsession, rejection and a feeling of being used. Judge Barker said the prosecution argued Horton picked up a kitchen knife and stabbed Charlotte through the neck.

"Her life was about to change and so was his," said Judge Barker, referring to the fact Charlotte was due to meet her new love in Nottingham on New Year's afternoon.

Charlotte went to St Cuthbert's Primary and St Wilfrid's schools and also worked as a mentor for the Trinity Partnership in Clitheroe.

She met Horton while working for social services at Blackburn with Darwen Council.

(Proceeding)