A Brazillian tiler who shattered a man’s jaw with a single punch is facing possible deportation after his bid for a discharge without conviction failed in the Queenstown District Court yesterday.
Matheus Portela Chaves (25) was out drinking with friends in the resort town’s CBD about 11.30pm on June 2 when he attempted to speak to a woman in Searle Lane.
When he persisted with the approach despite her repeatedly asking him to leave her alone, one of her male companions intervened.
After an exchange of words, the victim shoved the defendant in the chest with both hands.
Portela Chaves punched the victim in the face hard, causing him to fall to the pavement, then walked back to his associates on Camp St.
The victim was taken to Lakes District Hospital, and later to Dunedin Hospital, where three titanium plates and 13 screws were inserted in his jaw during a four-hour operation to repair multiple fractures.
Portela Chaves was charged with assault with intent to injure, and the matter went to a judge-alone trial in December, where his argument of self-defence was rejected.
Counsel Bryony Shackell said the defendant had a clean criminal record, and felt "significant regret and shock" at his actions.
He had been unable to work for the past four months because a visa application had been suspended, and was relying on his partner of the past four months for financial support.
A deportation liability notice would follow a conviction, and he would be forced to leave his partner and her children behind in New Zealand.
Judge Russell Walker pointed out that the defendant had a "means of escape" after the victim initiated the physical altercation, but chose only to leave the scene after delivering a "disproportionate response".
Although there was a "real and appreciable risk" of deportation, the grounds for a discharge without conviction had not been met.
He convicted Portela Chaves and sentenced him to 150 hours’ community work and 12 months’ supervision.
