The Royal Court heard yesterday that Ruben Wilson Moreira Da Silva had headbutted a man in the street, had punched another man and continued attacking him as he lay on the ground, and had become threatening and abusive when a restaurant refused to serve him. He went on to smash one of the establishment’s windows.
Da Silva had pleaded guilty to grave and criminal assault, being disorderly on licensed premises and malicious damage.
The court also heard that he was already subject to a community-punishment order for causing injury by dangerous driving. A passenger in his car was hurt when he drove round a bend and crashed into a tree.
Crown Advocate Sam Brown, prosecuting, explained that Da Silva and the man he headbutted ‘had had a previous disagreement over a driving incident’. They had met by chance in a garage in March 2020 and ‘aggravating behaviour passed between them’, the court was told.
When they met again by chance in St Helier the following month, they confronted each other and Da Silva headbutted the man, causing the victim’s nose to bleed but no permanent injury.
In July last year Da Silva and a group of friends had been drinking in St James’s Wine Bar and encountered another group after leaving.
Abusive language was exchanged and Da Silva punched one of the other group, knocking him to the ground. Advocate Brown said: ‘There were six or seven more punches as he lay on the ground. The police arrived shortly thereafter and made arrests.’
And in a further incident in April this year Da Silva and friends were in the Wagon Wheel café in St Helier and were refused service at 11pm as the restaurant was closing, the court heard.
‘The defendant became argumentative and aggressive,’ the Crown Advocate said. ‘He was physically intimidating towards female members of staff.’
He then punched a window until it smashed, and resisted arrest when the States police arrived. ‘It took them a considerable amount of time before they could take him to the Accident and Emergency Department.’
Describing the offences, Advocate Brown said: ‘This was serious, violent and aggressive behaviour towards persons and property.’
The prosecution recommended 15 months’ jail time and for Da Silva to pay for the smashed window.
However, Advocate Simon Thomas, defending, asked the Jurats to ‘step back from an immediate custodial sentence’.
He explained that the dangerous -riving incident accident had had a deep psychological effect on his client.
Advocate Thomas said: ‘He continues – justifiably – to blame himself. He plays it over and over in his head. He acknowledges that he has become an angry person, more prone to violence.
‘He has had mental-health problems for some time, caused by experiences in his childhood. They are exacerbated by this.’
The lawyer added: ‘He has not had the best start in life but he has remained in employment since leaving Highlands College and he has taken steps to access help.’
Advocate Thomas requested a community-punishment order and probation.
But, delivering the court’s sentence, the Bailiff, Timothy Le Cocq, said: ‘A custodial sentence cannot be avoided.’
He told Da Silva: ‘It is fortunate that none of the injuries were serious or life-changing or permanent, as they could quite easily have been.
‘Alcohol was a major contributory factor but it is no excuse. In fact it is an aggravating feature.’
Da Silva was also banned from entering licensed premises for 24 months and was ordered to pay £383.33 for the smashed window.
Mr Le Cocq added: ‘I hope you avail yourself of all the help afforded to you.’
Jurats Anthony Olsen and Sally Sparrow were sitting.
