Jessica Silva Murder Trial

Crime Report

Jessica Silva - Murder Trial

The night Jessica Silva allegedly stabbed her estranged partner to death; her neighbor says there was a scream like she’d never heard before.

Jessica Silva, 24 was charged with the manslaughter of her ex partner James Polkinghorne, 28. The woman of 24 allegedly stabbed her former partner in her residency located in Marrickville in Sydney’s inner west on Mother’s Day 2012.

Although, Silva was charged with murder, she pleaded not guilty at the NSW Supreme Court on the basis of self defence. The Supreme Court is the highest court in NSW and deals with the most serious criminal, and complex civil, cases in the state..The fact Ms Silva did not intend murder and only did it on the basis of self defence

Polkinghorne had arrived home about 9pm and shouted in absolute anger "I 'm going to f...ing kill her" (referring to Jessica Silva) and that is when Silva and her brother tried to calm him down but failed to. Evidence also shows that he had called Ms. Silva numerous times earlier throughout the day– fortuitously recorded by police investigating Mr. Argiropoulos’ murder – saying "I 'm gonna cave your f---ing head in", "I 'm coming to get you" and "I guarantee I 'll bash as many people as I can before they arrest me".

Justice Hoeben, who found Ms Silva not guilty, stated that Silva’s suffering will act as an extreme case of a mitigating circumstance as evidence shows that Mr. Polkinghorne had not only verbally abused the lady but also punched her in the face and ripped her pants before getting into a serious fight with her brother Miguel and her father Avalino Silva which made Silva "highly emotional and

The investigation draws attention to the evidence of Ms. Silva going inside the house and grabbing a large kitchen knife then returning back to the middle of the road where Polkinghorne was on top of Miguel. She stabbed him five times in the shoulder and neck.

After observing the evidence provided, Justice Hoeben made the judgment that although Jessica Silva intended to harm Mr. Polkinghorne, she only did it to protect herself and her family

"The death was committed under extreme circumstances in the agony of the moment," Justice Hoeben said. He said the jury 's verdict indicated that they found her action "was not a reasonable response in the circumstances as she perceived them, thereby rendering her guilty of the crime of manslaughter by way of excessive self-defence". He said offenders convicted of manslaughter could only avoid jail "in the most exceptional case" and Silva 's case fell into that category. Silva’s penalty became a more lenient one as most of the evidence seemed to depict mitigating circumstances.

Outside the court, Silva 's lawyer Adam Houda said, "There are no winners in