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Wrongly Convicted Database Record
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Charge: |
Manslaughter |
Sentence: |
18 months suspended |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2014 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
New South Wales |
City of Crime: |
Marrickville |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jessica Silva was wrongly convicted on December 3, 2014 of manslaughter in the stabbing death of her domestic partner in Marrickville, New South Wales, Australia on May 13, 2012. During their four year relationship James Polkinghorne had been physically violent, and verbally and psychologically abusive towards Silva, including beating her while she was pregnant with their son. Her prosecution was based on her fatally stabbing James Polkinghorne in the back outside her parent's home, while he was straddling her brother and beating and choking him. After Pokinghome had physically assaulted Silva she went into her parent's house and gotten a large kitchen knife. Silva's defense was she acted in self-defense because there was no other way to stop Polkinghorne's attack on her and her brother. After her conviction by a jury on December 3, 2014 following an 11 day trial, Silva was released on bond pending her sentencing. On March 6, 2015 Silva sentenced to 18 months in prison, suspended on condition of her good behavior. Silva appealed on the single issue that the prosecution introduced insufficient evidence to support her manslaughter conviction. On December 7, 2016 the New South Wales Court of Criminal Appeals by a majority 2 to 1 ruling, quashed Jessica Silva's manslaughter conviction and ordered her acquittal. The appeals court ruled the prosecution failed to introduce evidence sufficient to prove Silva's guilt beyond a reasonable doubt." |
Conviction Caused By: |
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Innocence Proved By: |
"On December 7, 2016 the New South Wales Court of Criminal Appeals by a majority 2 to 1 ruling, quashed Jessica Silva's manslaughter conviction and ordered her acquittal. The appeals court ruled the prosecution failed to introduce evidence sufficient to prove Silva's guilt beyond a reasonable doubt." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
Silva v R [2016] NSWCCA 284 (7 December 2016) (Quashing conviction and ordering acquittal.) |
Information Location 1: |
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2016/284.html |
Information Source 2: |
"Jessica Silva: Manslaughter conviction quashed after stabbing death of James Polkinghorne, By Lucy Carter, ABC News, Dec. 7, 2016" |
Information Location 2: |
http://www.abc.net.au/news/2016-12-07/jessica-silva-manslaughter-conviction-overturned/8099218 |
Information Source 3: |
"Jessica Silva guilty of manslaughter for stabbing abusive ex-partner to death, By Karl Hoerr, ABC News, Dec. 3, 2014" |
Information Location 3: |
http://www.abc.net.au/news/2014-12-04/jessica-silva-verdict-guilty-of-manslaughter/5921290 |
Information Source 4: |
"Jessica Silva given two-year suspended sentence for manslaughter of James Polkinghorne, By Lucy McNally, ABC News, March 6, 2015" |
Information Location 4: |
http://www.abc.net.au/news/2015-03-06/jessica-silva-avoids-jail-for-manslaughter-of-abusive-partner/6285488 |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org