A MOTHER-OF-FOUR who cut a man’s leg with a knife has been handed community service in a “highly unusual” case where the victim spoke in her defence.
Nilza Vieira picked up the weapon and lunged at the man after an argument on 24 November 2022, the Royal Court heard yesterday.
The 37-year-old denied grave and criminal assault but was found guilty after a trial in November last year.
However, the victim – who was left with a small cut on his leg – spoke in her defence in court, describing Vieira as “an amazing person who did one bad thing”.
Crown Advocate Lauren Hallam, prosecuting, said the victim angered Vieira by filming her on his mobile phone, and she told him to stop.
The court was shown footage the victim had recorded, in which Vieira is seen to pick up a knife and come towards him.
Vieira claimed it was accidental, saying she only planned to knock the phone out of his hand. But in the footage she appeared to be aiming at his body.
Crown Advocate Hallam, prosecuting, said: “It was a matter of luck and not judgment. The risk of a serious injury was very high.”
The victim went to the States police headquarters on the evening of the incident to complain about Vieira’s behaviour and not to report his minor injury. But when officers heard that a knife had been involved they decided that it should be treated as a serious offence.
Advocate Hallam added that Vieira had no previous convictions and was at low risk of reconviction, and said: “She is not at risk of harming members of the public or herself.”
She recommended a sentence of 240 hours of community service and a 12-month probation order.
Advocate Rui Tremoceiro, defending, agreed that there should be a non-custodial sentence.
He said: “There was no plan to harm the victim. The defendant simply snapped, picked up the small knife, and made a single move towards him.
“The tip of the knife made a small pin prick on the side of his thigh – which is hardly the first choice of someone aiming to harm another. It is away from vital organs.”
And he pointed out: “The victim gave evidence in support of the defence.”
Commissioner Alan Binnington said the Jurats had agreed to accept the Crown’s recommended sentence.
He told Vieira: “Knife crime will be dealt with very seriously, even when no injury is caused.
“You suggested you wanted to knock the phone out of the victim’s hand, but the video shows that you were not aiming at the phone.
“You either wanted to harm the victim or you were at the very least reckless as to whether harm would be caused.
“We accept that you momentarily lost your temper, but that does not excuse what you did.”
However, he said the fact that the victim had given evidence on her behalf, and did not regard himself as a victim, was “a highly unusual mitigating factor”.
The Jurats sitting were Jane Ronge and Steven Austin-Vautier.
