Sydney woman Jessica Silva has had her conviction for the manslaughter of her estranged boyfriend James Polkinghorne overturned and quashed on appeal.
Mr Polkinghorne was high on ice and attacked Ms Silva and her family when she took a kitchen knife and repeatedly stabbed him outside her home at Marrickville in 2012.
She was convicted of manslaughter in 2014, but the Court of Criminal Appeal today overturned that verdict in a non-unanimous decision.
Ms Silva did not speak outside court, but her lawyer said it was a huge relief for both her and her family.
When Ms Silva was given a suspended sentence in 2015, Justice Clifton Hoeben talked about the ongoing physical abuse she had suffered at the hands of her ex, who was a suspected drug dealer.
At the time, her lawyer Adam Houda said Ms Silva had suffered for years.
“My client has had to endure the most extreme forms of physical, verbal and psychological abuse.”
Ms Silva had ended her four-year relationship with Polkinghorne, two months before his death.
During the trial, the defence detailed a history of domestic violence, including physical abuse, death threats and threats of serious violence.
In a recorded telephone call days before the incident, Polkinghorne told Silva: “I’ll kill youse all, I’m telling ya. I’m not f***in’ joking.”
The jury was told Polkinghorne became paranoid and aggressive when he used drugs including ice.
This post originally appeared on ABC News.
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Top Comments
Yep, now you can leave your house and follow a man into the street and stab him to death and it's not a problem cause you're female. This isn't a very good patriarchy.
Your comment makes absolutely zero sense.
The dude was attacking her, her brother and her father in the street and had threatened to kill her and her family. He was a violent, disgusting POS.
You can be a violent psychopath for years and attack women and their family and still have people stick up for you when someone stabs you to death trying to protect themselves and their family.
This was self defense. You are on the wrong side.