Silva v R [2016] NSWCCA 284

Silva v R [2016] NSWCCA 284

It was not open to the jury to be satisfied beyond reasonable doubt that Ms Silva's conduct in fatally stabbing the deceased was not a reasonable response in the circumstances as she perceived them. The appeal must be allowed, the conviction quashed, and a verdict of acquittal entered.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered
Legal Topics
['manslaughter' 'self Defence' 'unreasonable Verdict']
['criminal Law'] ['manslaughter' 'self Defence' 'unreasonable Verdict']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether the jury's verdict was unreasonable and cannot be supported having regard to the evidence" "Whether Ms Silva's conduct was a reasonable response in the circumstances as she perceived them, under self-defence provisions"]

Ratio Decidendi

It was not open to the jury to be satisfied beyond reasonable doubt that Ms Silva's conduct in fatally stabbing the deceased was not a reasonable response in the circumstances as she perceived them. The appeal must be allowed, the conviction quashed, and a verdict of acquittal entered.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered

Orders

  • ['Allow the appeal' "Quash the appellant's conviction for manslaughter and the sentence imposed by Hoeben CJ at CL on 6 March 2015" 'Direct that a judgment and verdict of acquittal be entered']