Courts / Waterford / Report
Non-custodial sentence should be considered for Brazilian who killed man who attacked and racially abused him, judge told
Summary
In a hearing on 20 November 2017, the court considered a non‑custodial sentence for 36‑year‑old Brazilian meat‑factory worker Juraci Da Silva, who was convicted of manslaughter for the death of James 'Jay' Banville. Da Silva had been assaulted and racially abused by Banville and Conor Hogan before the fatal altercation. The victim's family, represented by his sister Marie Banville, expressed grief and demanded justice, while Da Silva's barrister, Colman Cody SC, argued that Da Silva had pleaded guilty, was a family provider, and had been provoked. Cody highlighted Da Silva's background, his early departure from school to support his family, and his isolation as a foreigner. The judge, Justice Michael White, adjourned sentencing to the following Monday, leaving the outcome pending. The case remains at the sentencing stage. Da Silva was acquitted.
Who, what, where, when and why
What: Report matter: Non-custodial sentence should be considered for Brazilian who killed man who attacked and racially abused him, judge told. Charges or matters: manslaughter before the trial – and the fact that there was evidence of "extreme provocation". Procedural stage: sentence. Findings: Acquitted
When:
- October 8, 2016 Incident
- 2017-11-20 Publication
Case subjects
Defendant
Charges: manslaughter before the trial – and the fact that there was evidence of "extreme provocation" (Admitted)
Plea: Guilty
Finding: Acquitted
Outcome: Acquitted; The facts of the case, he said, should put Mr Da Silva in the "lowest category" for manslaughter and he asked the judge to consider a non-custodial sentence, or at least a suspension of a "considerable portion" of the sentence.; Justice White adjourned sentencing until next Monday.
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