Man to be deported following assault prison term

Saturday 14 August 2021

A 42-year-old man, who drunkenly assaulted a woman pulling clumps out of her hair, has been jailed for nine months with the Court recommending his deportation afterwards.

Marcio Patricio Figueira Dias admitted one count of common assault.

Summing up the facts during his sentencing on Friday, Crown Advocate Richard Pedley told the Royal Court the incident took place in the victim’s home where she and Dias had been drinking.

An argument broke out between the two, and the court heard that Dias “lost his temper” and grabbed the woman by the hair with enough force to pull a large clump from her head.

The argument continued, and Dias started throwing kitchen items on the floor, including a frying pan and a saucepan.

Pictured: The victim locked herself in the bathroom and called 999.

The woman ran from the kitchen, grabbed her mobile phone and locked herself in the bathroom before calling 999. She told Emergency Services, Dias had “gone f*** crazy” and the sounds of kicking and banging could be heard on the phone.

He also smashed the fridge, breaking the door of it off.

When officers arrived, Dias, who smelled strongly of alcohol, was trying to get into the bathroom where the woman was hiding. When she came out, the victim was “crying and shaking” and pointed to her head saying, “he hit me here”.

In the kitchen, officers found smashed plates and food items all over the floor including a fridge door and frying pans, as well as a clump of hair.

The Court heard that Dias had 22 previous convictions both in Jersey and Madeira for a variety of offences, although none for this type of violence.  

Crown Advocate Pedley also told Court that during a sentencing for perverting the course of justice, Dias had been warned that if he committed any further offences in Jersey he could face deportation.

Describing the incident as “terrifying” and noting it had not been “an isolated moment of madness but a sustained incident of violence”, the Crown Advocate moved for a prison sentence of 12 months as well as requesting his deportation.

Pictured: Advocate Adam Harrison was defending.

Advocate Adam Harrison urged the Court to reduce the Crown's conclusions and refrain from recommending Dias’s deportation.

He said Dias accepted the incident must have been a “very frightening experience” as he was “undoubtedly enraged” at the time.

The lawyer however argued the assault didn’t warrant custody, noting Dias had never behaved in this way before, and his conduct appeared to have been “out of character”.

He told the Court Dias had sought help and successfully overcome a long-term drug addiction, which had been the “root cause” of his past offending.

“He has demonstrated he is capable of meaningful change,” he said.

Advocate Harrison also noted Dias’s good upbringing and close relationships with his mother and sister, as well as his strong work ethic and good employment record.

The case was heard by the Bailiff Timothy Le Cocq, and Jurats Elizabeth Dulake and Steven Austin-Vautier, who unanimously agreed on a nine-month prison sentence for Dias but were divided on whether or not to recommend his deportation.

The Bailiff said the incident must have been a “very frightening ordeal” for the victim, who was entitled to feel safe in her own home.

He went on to say that a custodial sentence was the only appropriate sentence.

He added that the Court had concluded that the detrimental effect of Dias’ continued presence in the island outweighed consideration of his human rights and recommended he be deported at the end of his sentence.