Courts / Waterford / Report
Sentence "too high" for man who killed attacker after racial abuse
Summary
In 2016, Juraci Da Silva, a 36‑year‑old Brazilian, killed James 'Jay' Banville after being assaulted and racially abused by Banville and Conor Hogan. Da Silva admitted the killing but denied murder, and was found not guilty of murder but guilty of manslaughter and of producing a knife during an altercation. He was also found not guilty of assault causing harm to Hogan. Banville died from a single stab wound to the heart. Da Silva was sentenced to eight years' imprisonment in November 2017. He had no prior convictions, had come to Ireland a month earlier to work in a meat plant, and had three young children in Brazil. In April 2019, Da Silva's barrister, Colman Cody SC, applied to appeal the sentence, arguing it was too high given the context of the assaults and his circumstances. The Court of Appeal reserved judgment.
Who, what, where, when and why
What: Report matter: Sentence "too high" for man who killed attacker after racial abuse. Procedural stage: appeal. Findings: Acquitted
When:
- October 8, 2016 Incident
- November 2017 Incident
- 2019-04-08 Publication
Case subjects
Defendant
Finding: Acquitted
Outcome: Acquitted; Sentencing him to eight years imprisonment in November 2017, Mr Justice Michael White said Da Silva knew the dangers of knives, due his job in a meat plant. But the sentence Da Silva was given would usually be reserved for persons embarking on criminality or persons who used a knife in a sustained assault or burglary, Mr Cody submitted.
Places mentioned
- Park Lane
- New Street
- The Central Criminal Court
- Court of Appeal
Topics
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