manslaughter

domestic-violence

21 Apr: 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 walks free from court 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…