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A 21-year-old sex offender has been sent back to jail for beating a man who called him a "paedo" – then posting a photo of his swollen face online.
Jose Guilherme Vieira Da Costa was sentenced in the Royal Court this morning for a grave and criminal assault, and for not informing police of a change of address despite being on the sex offenders register.
An "irate" Da Costa had been messaging the victim of his attack before the incident, asking where he had been the night before, and the victim had suggested meeting in person.
On Snapchat, Da Costa told the victim that "he had just gotten out of prison and he would hurt [the victim] except that he doesn't want to return to prison".
When the victim went to what he thought was Da Costa's home, the defendant wasn't there – but Da Costa appeared in a car.
Pictured: The sentencing took place in the Royal Court on Friday morning.
Da Costa punched the 23-year-old in the back of the head, knocking his glasses off.
As he stooped to pick them up, Da Costa kicked him in the side of his head, leaving him in need of hospital treatment. He suffered red and purple bruising to his face and was unable to open his left eye.
The victim recalled of the attack: “All of a sudden I felt a punch to the back of my head. I did not fall to the ground but I was shunted forward and this caused my glasses to fall to the ground.
"Instinctively I went to pick them up and at this point I saw Costa in my peripheral vision as he swung his leg and kicked me in the face once. I am not sure with which leg. Costa used considerable force in the kick and I instantly felt pain to the left side of my face.”
Crown Advocate Carla Carvalho, prosecuting, said that after the attack, on the afternoon of 23 June last year, Da Costa took a photo of the victim and posted it on social media.
The post read: "...You came to my house looking for trouble and started calling me things bads [sic]... Don't need anyone I stand alone! And come with a dog."
“He has a history of violent behaviour, with two separate previous convictions for common assault and fighting," Advocate Carvalho noted.
He did not admit to the grave and criminal assault until he appeared in the Magistrate’s Court in October.
Da Costa had been in breach of a 120-hour community service imposed in March for a sexual offence against a child under 16.
Sex offenders have to provide their new address to police when they move home but he had also failed to so – and it took officers two weeks to track him down after the assault.
Pictured: Da Costa and the victim communicated on Snapchat.
“He has shown total disregard for court orders,” the Crown Advocate said.
“He has accepted little or no responsibility and has said he would do the same thing again. He is at high risk of reconviction.”
Advocate Greg Herold-Howes, defending, said Da Costa had been goaded by the victim, who had turned up outside his mother’s house and had shouted abuse, calling him “a paedo”.
He said: “There was significant provocation, with racial and threatening language. There is some blame that can rightly be attached to the victim.”
And he argued that “non-custodial options” were available to the Jurats.
Deputy Bailiff Robert MacRae said the Jurats had taken into account the fact that Da Costa was 20 at the age of the incident, but he added that it was down to “good fortune rather than good judgement” that the victim did not suffer permanent injuries.
He told Da Costa: “The pre-sentence report does not make positive reading. You have shown no remorse. A non-custodial sentence cannot be justified.”
Jurats Christensen and Entwistle were sitting.
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