Jersey Unreported Judgments

 2001/60

ROYAL COURT

(Samedi Division)

 

9th March, 2001

 

The Attorney General

-v-

 

Paulo Sergio da Silva

Rui Alberto Abreu da Silva

 Paulo Sergio da Silva

 

1 count of	assault (count 1)
1 count of	grave and criminal assault (count 2)
1 count of	larceny (count 4)

 

[on 19th January, 2001, the Crown accepted a not guilty plea to count 3.]

Age:     25

 

Plea:    Guilty

 

Previous Convictions:  

4 previous convictions, although none for violence.   Had been imprisoned for 3 years by Royal Court in 1997 for 27 theft and kindred offences.

 

Conclusions:

 

Count 1:	2 weeks' imprisonment
Count 2:	2 years', 5 months' imprisonment.
Count 4:	2 weeks' imprisonment, all consecutive.
TOTAL:	2 ½ years' imprisonment.

 

Sentence and Observations of the Court:

 

Count 1:	2 weeks' imprisonment
Count 2:	1 year's,  imprisonment.
Count 4:	2 weeks' imprisonment, all consecutive.
TOTAL:	1 year, 1 month's imprisonment

Rui Alberto Abreu da Silva (separate Indictment)

 

1 count of

grave and criminal assault (count 1)

 

Age: 22

 

Plea:  Guilty

 

Previous Convictions: None.

 

Conclusions:  

 

Count 1:

1 year's imprisonment.

 

Sentence and Observations of the Court:

 

Count 1:

1 year's probation order with 180 hours community service.

 

Details of Offence (both accused):

Count 1 - Paulo da Silva acted as look-out for his younger brother who was shoplifting in Boots.   When the younger brother was pursued out of the shop by a store detective, da Silva deliberately tripped him up, causing him injury.   He admitted his guilt.   Count 4 - da Silva stole a jacket from Jeff Le Marquand and was immediately apprehended by plain clothes police officers.   He denied his guilt right up to the indictment.   Count 2 - Paulo da Silva and Rui da Silva committed a grave and criminal assaults upon each other.   Paulo da Silva had been a kitchen porter.   He was not still employed by the hotel but said he had permission to sleep in the hotel garage: the manager denied giving him permission.   Rui da Silva was drunk when he returned home to staff quarters and saw Paulo da Silva (who was previously unknown to him) asleep on a mattress in the garage.   He reported it to the manager, who did nothing about it.   Rui da Silva took it upon himself to challenge Paulo da Silva, kicking the mattress..   Paulo da Silva woke up, rose from the bed and verbal exchanges were made followed by pushing and shoving.   Rui da Silva took hold of a metal shelf bracket and used it as a weapon on Paulo da Silva, causing serious injury to his ear which was almost severed.   In panic, Rui da Silva then threw away the weapon, which was picked up by Paulo da Silva who then proceeded to beat Rui da Silva persistently about the head and body whilst Rui da Silva tried to run away.   He was pursued by Paulo who continued hitting him until Rui da Silva managed to get inside the staff accommodation.   Injuries: Paulo da Silva suffered a torn ear from one blow:  Rui da Silva suffered multiple injuries on his face, head, body, arms and legs.  Neither defendant suffered permanent injury and made full recoveries.

 

Details of Mitigation: (both accused):

Rui da Silva admitted that had it not been for the alcohol, he would never have taken matters into his own hands.   In steady employment with excellent references: long term girlfriend.   Regretted his actions.   Assessed as low risk of re-offending.   Paulo da Silva committed Count 2 whilst on bail for Count 1 and committed Count 4 whilst on bail for Count 2.   No co-operation with police or staff at A&E to whom he was verbally abusive and who initially refused him treatment because of his behaviour.   High risk of re-offending.   Had spent more than 7 months equivalent sentence on remand.

 

 

 

Mrs. S. Sharpe, Crown Advocate

Advocate A.J.D. Winchester for P.S. da Silva

            Advocate C.R.G. Deacon for R.A.A. da Silva

 

JUDGMENT

 

 

THE BAILIFF:

1.        This was a ridiculously violent exchange which escalated with great speed.   The violence was started by Rui da Silva who was inflamed by alcohol and who caused a serious injury to Paulo da Silva.    Paulo da Silva's retaliation however was out of proportion to that injury.  

2.        Taking Paulo da Silva first.   We accept that the Crown Advocate's starting point of 4 years is correct but we think that insufficient allowance has been made for the very serious provocation he suffered.  He should not have been in the garage but at the relevant time he was asleep and causing harm to no one.   He then suffered a blow which nearly removed his ear.   His retaliation, although not excusable, was perhaps not surprising. We think that the appropriate penalty is one of 12 months' imprisonment.  Paulo da Silva you are therefore sentenced as follows: count 1, 2 weeks' imprisonment; count 2, 12 months' imprisonment, consecutive; count 3, 2 weeks' imprisonment, consecutive, making a total of 12 months' and 4 weeks imprisonment.

3.        Rui da Silva, you behaved stupidly and aggressively and ordinarily the Court would send a person committing this type of offence to prison.   We accept, however, that this was out of character, that you have  good record and that your employer speaks very highly of you.   We must impose punishment on you but we feel able to substitute an order for community service which is the equivalent of 12 months' imprisonment.   We therefore place you on probation for 12 months, subject to your performing satisfactorily 180 hours of community service.

Authorities

A.G. -v- da Silva (21^st November, 1997) Jersey Unreported.

 

A.G. -v- da Silva (4^th December, 1997) Jersey Unreported.

 

Mallett -v- A.G. (14^th July, 2000) Jersey Unreported CofA.

 

A.G. -v- da Silva (4^th January, 2001) Jersey Unreported.