R v Silva [2015] NSWSC 148

Supreme Court New South Wales

Medium Neutral Citation: R v Silva [2015] NSWSC 148 Hearing dates: 6 February 2015 Decision date: 06 March 2015 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: Offender sentenced to imprisonment for 18 months to commence on 6 March 2015 and to expire 5 September 2016. Such sentence is to be wholly suspended. The sentence be suspended on condition that offender be of good behaviour until 5 September 2016 and that offender be liable to be called up for sentence at any time within that period for any breach of this condition. Catchwords: SENTENCE – manslaughter by excessive self-defence – offender and deceased in an abusive domestic relationship – threatening telephone calls made by deceased to offender on the day of the offence – physical assault by deceased on offender and members of her family – deceased stabbed during altercation with members of the offender's family – exceptional circumstances – appropriate case for a suspended sentence. Legislation Cited: Crimes Act 1900 – s 24 Crimes (Sentencing Procedure) Act 1999 - s, 3, s 21A, s 28(4) Cases Cited: Berrier v R [2009] NSWCCA 40 R v Bogunovich (1985) 16 A Crim R 456 R v Hill (1980) 3 A Crim R 397 R v Isaacs (1997) 41 NSWLR 374 R v Kennedy [2000] NSWSC 109 R v Melrose [2001] NSWSC 847 R v Roberts (Hunt J, 31 August 1989, unreported) Category: Sentence Parties: Regina – Crown Jessica Silva - Offender Representation: Counsel: Mr E Balodis - Crown Mr G Scragg - Offender Solicitors: Director of Public Prosecutions - Crown Moustafa Kheir - Offender File Number(s): 2012/153148