Courts / Waterford / Report

Deceased's attacks on murder accused "cowardly, gratuitous and unprovoked", defence tell jury

Date
2017-10-19

Stage
Finding

Primary locality
Waterford

Summary

In a murder trial at the Central Criminal Court, the defence argued that the deceased, James Banville, had provoked the accused, Juraci Da Silva, by assaulting and verbally abusing him. Da Silva, 36, pleaded not guilty to murder but guilty to manslaughter. The defence presented CCTV footage showing two assaults on Da Silva by Banville and Conor Hogan, who were intoxicated and had previously been convicted of assault. The accused was described as smaller, highly intoxicated, and unsteady, and the assaults were characterised as cowardly, gratuitous and unprovoked. The defence claimed Da Silva acted in self‑defence, not with intent to kill, and therefore should be found not guilty of murder but guilty of manslaughter. The judge instructed the jury to consider the provocation and excessive self‑defence defences in light of the evidence presented.

Who, what, where, when and why

What: Report matter: Deceased's attacks on murder accused "cowardly, gratuitous and unprovoked", defence tell jury. Charges or matters: murder but guilty to the manslaughter of 28-year-old James Banville at New Street in Waterford on October 8, 2016; assaulting Conor Hogan causing him harm and not guilty to a charge of producing a knife on the same date and at the same place. Procedural stage: finding. Findings: Acquitted

When:

October 8, 2016 Hearing Or Sentence
2017-10-19 Publication

Why: He said he accepts some responsibility but that he was a victim on the night and that he behaved as he did because of what he suffered. CNI source report

Case subjects

Juraci Da Silva

Defendant

Charges: murder but guilty to the manslaughter of 28-year-old James Banville at New Street in Waterford on October 8, 2016; assaulting Conor Hogan causing him harm and not guilty to a charge of producing a knife on the same date and at the same place (Alleged Or Contested)

Plea: Not guilty

Finding: Acquitted

Outcome: Acquitted