Suffolk: Man, 62, given suspended sentenced after knocking 73-year-old out of mobility scooter during clash in street
09:00 09 August 2014
A 62-year-old convicted of grievous bodily harm after knocking a 73-year-old out of a mobility scooter during a clash in the street has been spared jail.
During Joaquim Cardoso’s trial Ipswich Crown Court heard his actions caused former publican Peter Shea to sustain a fractured shoulder.
Mr Shea died five days later at his home in Manor Close, Brandon, although it could not be established it was as a result of the assault as he had previously been in poor health.
Cardoso - now of St Mary’s Square, Newmarket, but then of Heath Road, Brandon - had denied grievous bodily harm but was convicted following last week’s trial.
When Cardoso returned to the court for sentencing yesterday Judge John Devaux gave him a 15-month term of imprisonment. However, he suspended the sentence for 24 months.
The court had previously heard the assault occurred on September 27 last year in Brandon.
It was preceded a day or two earlier by what appeared to be the theft of a wallet belonging to a man known to Cardoso and Mr Shea.
All were regulars at the Flintknappers public house in Brandon.
Police were called and Cardoso agreed to give the man who lost the wallet £80.
That incident provided the backdrop to the assault allegation, the court heard.
At around 5.30pm on September 27 CCTV captured Mr Shea on a mobility scooter driving across a pedestrian area in Brandon.
Cardoso – who is also known by the nickname Kim - was said to have deliberately altered his path and followed Mr Shea.
There was an exchange of words between the pair and Mr Shea seemed to be abusing Cardoso, calling him a thief and swearing at him.
Towards the end of the exchange there was an alleged threat to hurt Cardoso.
A number of people witnessed the incident.
One saw Cardoso run up to Mr Shea and push him. The witness then said Cardoso lifted Mr Shea from the scooter.
A third man was then said to have grabbed Cardoso from behind.
The court was told another witness said they saw Cardoso swinging a punch which connected with Mr Shea when he was in the scooter, and it was the punch which caused him to fall to the ground.
Another bystander saw Cardoso swing his right arm at Mr Shea, who looked to be older than him, while a fourth person also said they saw a punch thrown by Cardoso.
Mr Shea died on October 2.
He moved to Brandon around 20 years ago after previously owning three pubs in London’s East End.