Silvera faces 15 years to life - Wife killer to know his fate on Friday

Convicted wife killer Jolyan Silvera could be handed a prison term of no less than 15 years when he returns to court on Friday for sentencing before Chief Justice Brian Sykes.

Silvera, 52, pleaded guilty to manslaughter and to using a firearm to commit an offence in connection with the fatal shooting of his wife, Melissa.

The maximum penalty for both offences is life imprisonment.

Originally charged with murder, Silvera, who served as member of parliament (MP) for St Mary Western between 2011 and 2016, entered a guilty plea to the lesser offence of manslaughter at the start of his trial.

Melissa Silvera was found dead at their Stony Hill, St Andrew home on November 10, 2023. Her husband, on the first day of trial, provided a witness statement in which he confessed to shooting his wife repeatedly during a dispute in their home.

According to veteran defence attorney Bert Samuels, the Firearms Act prescribes a minimum sentence of 15 years for the firearm charge, with a maximum of life imprisonment -- the same upper limit applicable to manslaughter.

Samuels outlined that the chief justice will weigh several competing factors before determining the appropriate punishment. He said the court will look at the circumstances the accused described about the shooting, including what caused him to lose control. The judge will also consider that he pleaded guilty and did not drag out the case.

"On the other side of the balance, he has to look at prevalence of domestic killings, the trauma on the family of the deceased [and come up with] a sentence which will deter other persons from committing similar crimes," Samuels said.

He also said Silvera's age as well as character witnesses may be critical in determining sentence.

"I'm not sure if this will happen, but he may have victim's impact, that is impact on family; and he will look at his social inquiry report, if one was ordered; and all those things and more will go in the balance," Samuels said.

Among the other considerations will be the time Silvera has already spent behind bars, for which he must receive credit. The former MP has been behind bars since January 18, 2024 -- six days after his wife's funeral.

"If he has no previous conviction, that will also be considered," he said. "There are considerations that go in his favour, and some against."

While the maximum penalty for both offences is life imprisonment, Samuels noted that the court could stipulate a fixed period that must be served before Silvera becomes eligible for parole.

As for how the sentences will be structured, Samuels indicated that concurrent terms are the standard approach, with consecutive sentences reserved for rare and exceptional cases.

"It is in very exceptional cases where the sentence will be consecutive. Some judges do it because they think each sentence is so low that they need to have an add-on. But in this case, because manslaughter can carry you up to life, it is very unlikely that the consecutive mechanism will be put in place," Samuels said.