A Brazilian man will have to wait a little longer to find out if he will be deported to his homeland.
Matheus Portela Chaves’ defence of self-defence was rejected at a judge-alone trial last December and he was subsequently sentenced to 150 hours’ community work and 12 months’ supervision for wounding with reckless disregard for others by Judge Walker in the Queenstown District Court in March.
Despite her repeatedly asking him to leave, he persisted with the approach and one of her male companions intervened.
After an exchange of words, the victim shoved him 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 in 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 several fractures.
In the High Court at Invercargill yesterday, Portela Chaves, through counsel Bryony Shackell, appealed to be acquitted of the conviction so as not to be deported to Brazil.
Ms Shackell told Justice Robert Osborne her client was not looking for a fight on the night he punched the other man.
"But when that fight was brought to him, he had to make a split-second decision."
It was extremely regrettable that the decision was to swing a punch, she said.
In the seconds after the victim fell to the ground, Portela Chaves left, going in the direction of his home.
Ms Shackell said Judge Walker’s assessment of the incident gave weight to the injuries sustained by the victim but it was important to not lose sight of the fact her client was never accused of intentionally causing any injury, rather wounding with reckless disregard.
Her client had good character, co-operated with police and said with the benefit of hindsight, he would not have reacted in the same way, she said.
The consequences of the conviction spoke for themselves, she said.
The consequences would be out of proportion to the gravity of the offending, she said.
Justice Osborne said if Portela Chaves had chosen to push the victim back, there would have been no charge against him.
The reason he was charged was because he carried out a violent assault on the man’s face, the judge said.
"He can’t not have appreciated it was wrong."
The fast blow to the face at the level it was administered was going to have consequences, Justice Osborne said.
Appearing for the police, lawyer Mike Brownlie said Judge Walker’s sentencing acknowledged Portela Chaves did not start the fight but that his response was disproportionate.
Justice Osborne said he wanted to consider the matter a bit further and reserved his decision.
