A High Court has rejected a Brazilian national’s bid to have a serious charge against him quashed and his fate now lies with Immigration New Zealand.
He was sentenced to 150 hours’ community work and 12 months’ supervision by Judge Russell Walker in the Queenstown District Court in March.
However, he appealed the decision, believing that his likely deportation as a result of the conviction was disproportionate to the offending.
A hearing was held before Justice Robert Osborne in the High Court at Invercargill last month.
Portela Chaves was out drinking with friends in Queenstown’s CBD on June 2 when he attempted to speak to a woman in Searle Lane.
Despite her repeatedly asking him to leave, he persisted with the approach and one of her male companions intervened.
After an exchange of words between the men, the victim shoved the defendant in the chest with both hands.
Portela Chaves punched the victim in the face hard, causing him to fall to the pavement, then walked back to his associates in Camp St.
The victim was taken to Lakes District Hospital, and later to Dunedin Hospital, where three titanium plates and 13 screws were inserted in his jaw during a four-hour operation to repair multiple fractures.
During the High Court hearing, Portela Chaves’ lawyer, Bryony Shackell, said her client was not looking for a fight that night.
"But when that fight was brought to him, he had to make a split-second decision."
It was extremely regrettable that the decision Portela Chaves made was to swing a punch.
In her submissions outlined in Justice Osborne’s decision, Ms Shackell said the convicting judge overestimated the gravity of Portela Chaves’ offending and had erred in finding the consequences of conviction were not out of proportion to that gravity.
Justice Osborne stated that Judge Walker had correctly assessed Portela Chaves’ offending as moderately high, and had appropriately taken into account mitigating and aggravating factors in relation to the case.
In declining the appeal, Justice Osborne said the consequences of Portela Chaves’ conviction were not out of proportion to the offending.
Immigration New Zealand (INZ) verification and compliance general manager Richard Owen yesterday said anyone who had breached the conditions of their visa, had character issues or was convicted of a crime may be served with a deportation liability notice (DLN).
"In a case where INZ has served a migrant holding a temporary entry class visa, including a work visa with a DLN, the person has 14 days to provide INZ with good reason as to why they should not be deported."
A person had 28 days from the date they became liable for deportation to appeal against it on humanitarian grounds and could not be deported until their appeal was determined, he said.
