Matheus Almeida Magalhes to perform community service for severing friend's toe

Special magistrate Gregor Urbas made that observation on Wednesday, when he sentenced Palmerston man Matheus Almeida Magalhes, 22, for causing grievous bodily harm and drink-driving.

Almeida Magalhes, who remains friends with his victim, was given a 12-month good behaviour order, which includes 50 hours of community service work, and a $600 fine.

The Brazilian expatriate had previously pleaded guilty in the ACT Magistrates Court to both charges, which related to an incident in November 2021.

Agreed facts show that, early one Saturday morning, Almeida Magalhes was drinking in Civic with friends and colleagues.

After leaving Highball Express, the group walked to the Pitts car park, opposite Mooseheads, to look at the offender's vehicle.

Almeida Magalhes hopped into the blue Nissan just before 2am and revved the engine to show off the car's new exhaust system.

When he attempted to place the vehicle into neutral, he accidentally shifted the gears into reverse and it took off.

A friend, who was standing behind the car, yelled out to Almeida Magalhes to stop and tried in vain to jump out of the way.

The Nissan hit this man, wedging his body against a Toyota Corolla and lifting him off the ground as it continued to reverse.

As the Nissan passed over the victim's right foot, he sustained serious injuries.

One of his toes was detached and another two required surgical repair.

Police were quickly called to the car park by someone who said a blue Nissan had "just crushed another person".

As paramedics treated the victim, police spoke to and breath-tested Almeida Magalhes.

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Despite being the holder of an international driver's licence, which made him subject to a zero alcohol limit, he returned a positive result and confessed to having had three beers.

A subsequent analysis at City Police Station revealed an alcohol reading of 0.097 grams per 210 litres of breath, which is nearly twice the legal limit for fully licensed drivers.

On Wednesday, Dr Urbas said he had seen "gruesome" photos of the victim's injuries.

Notwithstanding the fact he will be permanently disfigured as a result of the incident, the victim wrote a character reference for Almeida Magalhes and asked the court for leniency.

Dr Urbas took this into account, along with the offender's lack of criminal history and the fact a remorseful Almeida Magalhes had arranged to compensate the owners of other cars that were damaged during the incident.

Almeida Magalhes was assessed as suitable for a good behaviour order with community service.

Dr Urbas ultimately found this, along with convictions, a fine and a three-month licence disqualification, was an appropriate outcome.

"The offence can be described as something of a freak occurrence, which is unlikely to be repeated," the magistrate said.

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