Brazilian man jailed for skateboard assault outside Dublin chipper

Claire Henry

A Brazilian man who used his skateboard to strike a man outside a chipper, causing a fractured skull and a bleed to the brain, has been jailed for two years.

Dublin Circuit Criminal Court heard that Aquila Batista (33) of no fixed address, Dublin, pleaded guilty to assault causing harm at an area near Parnell Street, Dublin, on September 2nd, 2022.

He has no previous convictions and has not come to the attention of the gardaí since this incident.

Passing sentence on Thursday, Judge Martin Nolan said the defendant left the scene and returned a short time later with a skateboard and hit the injured party with the skateboard.

He noted this resulted in a severe gash, and the injured party was brought to the hospital for treatment. The injured man also sustained a fractured skull and had a small bleed to the brain.

Judge Nolan said the injured party had made a good recovery from his physical injuries but that the attack affected his confidence and his mental health.

The judge said, “What motivated this defendant seems to have been some form of revenge or bad temper.”

He noted the following as mitigating factors: his guilty plea, his level of cooperation, his lack of previous convictions, and his good work history.

Judge Nolan said, obviously, if you hit someone with force with a skateboard on the head, there will be reasonably serious injuries.

He noted the injured party has been left with a scar. He sentenced Batista to two years in prison. He concluded by saying, “When you attack someone in a vicious way with a weapon, you have to endure a custodial term.”

Mr Marc Murphy BL, prosecuting, told the court that on the night of September 1st, 2022, the injured party, his girlfriend, and three other friends were socialising in Dublin.

At approximately 2:30am, the group went to a nearby chipper. The group waited outside while the injured party's girlfriend went inside.

Batista was inside the chipper and attempted to chat up the woman. As she was leaving, he attempted to place his hands on her, but she pushed him away.

The court heard that a verbal altercation took place between Batista and the injured party, and Batista left the area.

He returned a short time later on his skateboard. He then proceeded to strike the injured party on the top of the head with the skateboard.

The injured party was brought to the Matter Hospital. Upon examination, he suffered a fracture to the skull and a minor bleed to the brain.

The injured party underwent reconstructive surgery and is left with a permanent scar on his face. Batista remained at the scene and was also taken to the hospital for minor cuts.

He was arrested and interviewed, and said he acted in self-defence. He denied striking the man with a skateboard and said he pushed him to the ground.

The court heard that the injured party has since moved out of Dublin and has physically recovered from that attack. The injured party did not wish to make a victim impact statement.

Counsel defending Batista said he remained at the scene and also required medical treatment. Batista, who is originally from Brazil, came to Ireland in 2017 to study English and has no previous convictions.

Counsel said Batista has no family in Ireland and finds it difficult to get work. He brought €2,500 to court as a token of remorse.

The court was told this: “It seems very out of character” for Batista, and he wants to offer his apologies to the injured party.

He asked the court to take into account his client's guilty plea and asked the court to be as lenient as possible.