By Margaret Scheikowski
Jessica Silva bowed her head as three judges watched an emotional part of an interview where she told police about killing her abusive ex-partner.
The now 26-year-old was found not guilty of murdering James Polkinghorne, 28, but guilty of the less serious charge of manslaughter.
Part of her police interview was played in the NSW Court of Criminal Appeal on Monday, as her barrister Gregory Scragg argued that the stabbing was not unlawful because she acted in self-defence.
"She was entitled to defend herself and what she did, in the circumstances, was entirely reasonable," he told the NSW Court of Criminal Appeal.
Silva stabbed Mr Polkinghorne in his back and face outside her parents' Sydney home, after he turned up in a violent rage fuelled by the drug ice.
The trial judge decided not to send Silva to jail, describing the case as exceptional with the killing "committed under extreme circumstances in the agony of the moment".
Silva told police Mr Polkinghorne had been abusive from an early point in their four-year relationship and by the afternoon of his death his verbal abuse was coming thick and fast.
"I'm going to cave your f***ing head in," he said on the phone, adding an hour later, "I'm gonna break your f***ing jaw 'cause you're a dog."
Mr Scragg told the appeal court judges Silva believed Mr Polkinghorne had previously shot and killed Nikolas Argiropoulos, whose body was found in a park.
On his arrival outside the house, Silva went out to try and calm him down but he ran across the road making threats, punched her twice and ended up on the ground with her brother, Mr Scragg said.
Silva ran back into the house screaming out to her father that Polkinghorne was going to kill her brother and returned outside with the knife.
The lawyer submitted she believed she was protecting herself and her family when she killed him.
Neil Adams, for the Crown, argued that Silva had the opportunity to call the police.
He referred to the number and location of stab wounds, noting Mr Polkinghorne's inability to pose a threat as he was on the ground with the brother.
The judges will hand down their decision at a later date.
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