Domestic violence: How to get away with murder
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Domestic violence: How to get away with murder

Anna Marshall

On March 6, 2015 another woman using the "battered woman" defence walked free from an Australian court after being found guilty of the manslaughter of her former de-facto husband and father of her child.

Although the jury found Jessica Silva guilty of the manslaughter of James Polkinghorne, the kindly

Jessica Silva
Jessica  Silva walks free from court
James Polkinghorne
James Polkinghorne - stabbed to death by Jessica Silva

judge, NSW Supreme Court Justice Clifton Hoeben found that although she did not intend to kill Mr Polkinghorne, she did indeed intend to "cause him grievous bodily harm ", but nevertheless allowed her to walk from the court with just a good behaviour bond.

Evidence was given that Polkinghorne was high on "ice" and  making threats to Silva and was involved in an altercation with her father and brother on the street in front of her parent's house when Silva went inside, grabbed a kitchen knife and stabbed Polkinghorne five times, resulting in his death.

The judge set Silva free notwithstanding that earlier in the day, in  a recorded telephone conversation between Silva and her brother Miguel, Silva said:

"I wanna fucking tell them everything but I fucking can't. Why do you think I don't tell them so he can bash me up all the fucking time. I'm sick of it. I don't know what to fucking do anymore.

This is two months after she left Polkinghorne and moved back in with her parents, so it was hard to see how he was still bashing her.

Silva then  asks her brother "is there anyone we can fucking contact, somebody to get him killed or something."

Mr Silva says there isn't and repeatedly urges her to go the police and to get an AVO out against him, she tells him "don't worry about it, I'll fucking stab him myself."

The court was told Silva spent the night before the murder with Polkinghorne in an apartment in Campbell Street, Sydney. While there Polkinghorne told her that he wanted her back and that he was sorry for everything he had done to her.

Silva and her son left the apartment next morning. Polkinghorne was not pleased she was leaving but did not threaten or restrain her.

This seems inconsistent with her claim she was afraid of him and wanted nothing to do with him.

During the day Polkinghorne began taking the meth, "ice", and succumbing to its effects began calling and texting Silva in an increasingly threatening manner. Around 9 pm he arrived at Silva's parents' home. By this time he was suffering a severe mental breakdown, was paranoid and delusional and screaming and shouting threats outside the house.

Silva's brother and  father confronted him and a struggle ensued. While they were wrestling on the ground, Silva went back into the house, returned with a knife. Her father, who could see what she was going to do, tried to grab the knife, and as a result, received an injury to his hand. Silva then carried out her threat from earlier that day, stabbing Polkinghorne at least five times in the shoulder, the back of his head and back.

Adam Houda
Silva's lawyer, Adam Houda, "She deserved an award for her bravery"

Silva's lawyer, Adam Houda, said Silva should not have been charged with anything, and that he will seek a full acquittal in the Court of Criminal Appeal.

"If anything, she deserved an award for her bravery," Mr Houda said.

This is an extraordinary statement from an officer of the court and an upholder of the law. It obviously takes great bravery to stab a man in the back when he is wrestling with two other men.

Jessica Silva joins a select group of women who have got away with murder by using the "battered woman" defence in front of bleeding-heart judges who have likely received feminist-sensitivity training.

Claire Margaret McDonald

On March 3, 2006, primary school teacher, Claire McDonald, who shot dead her husband in a calculated ambush from a "sniper's nest" at their central Victorian property walked free from an Australian court after being charged with the murder of her husband.

Not only was it murder, it was, according to the prosecution, a cold-blooded and calculated execution. Read more.

Susan Falls

Queensland woman, Susan Falls decided to execute her husband after years of alleged abuse. She bought a pistol with silencer on the black market, drugged her husband and while he was asleep, put the pistol to his head and fired. The judge appeared to instruct the jury that Falls had a licence to kill her husband because of the abuse. Accordingly she found not guilty and walked free. Read more.

 This website offers a tongue-in-cheek tutorial on how to kill your husband and get away with it.

Years of feminist propaganda and lobbying have indoctrinated the Australian authorities, the judiciary and the media into believing that men are evil killers and that women are kind and compassionate, innocent victims.

These are just two stories of many, many on our files to dispel that myth.

Daniela Dawes

The story of Daniela Dawes shows that a woman (but not a man) can even murder her own child and get away it if she has a sympathetic judge.

Describing the killing off her son on August 4, 2003 on Channel Nine's 60 Minutes program, Dawes said "He was playing. I, being in a depressed state, wasn't really up for playing." So Dawes forced her 10-year-old autistic son Jason's mouth closed and pinched his nose until he stopped struggling.

After laying Jason's body on his bed, she phoned work to say she would not be in.

"I wish you all the best", said sentencing Judge Roy Ellis as he let Dawes walk from the court  on a five-year good behaviour bond. Read more.

Katherine Mary Knight

On 29 February 2000, in what must truly be Australia's most gruesome case of domestic violence, mother of four, Katherine Mary Knight cold-bloodedly prepared for the violent  murder of her de facto husband, John Thomas Price, by sending the children away overnight. Then carefully selecting a sharpening steel and a long boning knife from her selection of butcher's knives, Knight began honing the knife until it was razor sharp, in preparation for the grisly task ahead.

Late that night, after having sex with Knight, John Price dozed off, only to awake in terror to find Knight repeatedly stabbing him. John Price made it to the front door before he bled out.

Using skills acquired as an abattoir worker, Katherine Price carefully skinned her husband before hanging his hide on a meat hook in their lounge room.

She then cut off his head and boiled it in a pot and baked pieces of his buttocks to serve with gravy to his adult children.

Luckily the police intercepted the "meal" before the children returned home. Read more.

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