Courts / Waterford / Report
Brazilian butcher fails in appeal against 8-year sentence for killing
Summary
Juraci Da Silva, a 36‑year‑old Brazilian butcher, was found not guilty of murder but guilty of manslaughter for killing James 'Jay' Banville in Waterford on 8 October 2016. Da Silva had been assaulted twice that evening by Banville and a friend, the first assault accompanied by racial remarks and the second by sexual comments. After the second assault, Da Silva, armed with a knife, pursued the men and stabbed Banville in the heart. The Central Criminal Court sentenced him to eight years' imprisonment, citing his knowledge of knife dangers from his occupation. The Court of Appeal upheld the sentence, noting the substantial provocation and mitigating factors, and rejected Da Silva's appeal. The case concluded with Da Silva's eight‑year term confirmed.
Who, what, where, when and why
What: Report matter: Brazilian butcher fails in appeal against 8-year sentence for killing. Procedural stage: appeal. Findings: Acquitted
When:
- October 8, 2016 Incident
- November 2017 Incident
- 2019-07-30 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 as a butcher in a meat plant. However, Da Silva was sentenced on the basis that he had been subjected to substantial provocation involving assaults and taunts of a "racist and sexual kind" on two separate occasions shortly before the fatal encounter.
Places mentioned
- Park Lane
- New Street
- The Central Criminal Court
- Court of Appeal
Topics
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