No extra prison time for man who kicked woman

Thursday 06 December 2018

A 34-year-old man, who kicked a woman while she was on the floor because he thought she had stolen from him, will not have to spend any more time in prison after already being there for seven weeks.

The Magistrate’s Court this week sentenced Mark Philip Gomes Pires to “time served”, as he had been in custody since being charged with the assault.

During a hearing on Wednesday, Pires told Assistant Magistrate Peter Harris that the woman had taken money from him.

His lawyer, Advocate Francesca Pinel, told Court that Pires was standing by the complaint he had made to the police. She said that the woman had taken money that was supposed to be used for accommodation. "He wouldn't have given her the money," Advocate Pinel said.  

Pictured: Pires appeared in Court on Wednesday.

She said that Pires was angry and confused about the situation. When the woman bent down close to the floor, she said Pires kicked her in the lower thigh. "He describes it as more of a shove with the foot than a kick, but he admits it was intentional and that he was angry," Advocate Pinel told Court.

Pires' lawyer noted he had a good working record and intended to start a course at Highlands College if he stays in Jersey. 

Returning his sentence, Assistant Magistrate Peter Harris said: "Hopefully the time you spent in custody the last several weeks has given you the opportunity to reflect on a number of things.”

"You haven’t handled it very well at all," the Assistant Magistrate continued, to which Pires nodded his head in reply.  

The Assistant Magistrate told Pires the time had come for him to be released from custody. He explained he intended to impose a 10-week prison sentence for the assault, but that mitigating circumstances meant Pires could be released. 

He also imposed a two-year restraining order, which prevents Pires from getting in touch with his victim either directly or through other people.  

Before releasing him, the Assistant Magistrate urged Pires to build on his time spent in prison, which saw him stay off drugs, receive counselling and learn meditation.