A man who knocked over a mobility scooter rider and broke his shoulder has been given a suspended prison sentence.
Joaquim Cardoso, 62, of St Mary’s Square, Newmarket, had denied assault causing grevious bodily harm but last week was found guilty by a jury at Ipswich Crown Court.
The unanimous verdict came after a three day trial during which witnesses told how they had seen Cardoso run across Market Hill in Brandon to assault Peter Shea.
Today Cardoso returned to court to be sentenced and Judge John Devaux told him that his behaviour had been unacceptable and crossed the custody threshold.
However, after reading a pre-sentence report prepared by the Probation Service, Judge Devaux said he was prepared to suspended the sentence.
Cardoso was sentenced to 15 months imprisonment suspended for two years and ordered
to renmain under Probation Service supervision for 12 months. He was ordered to pay £2,400 prosecution costs.
The court heard that Mr Shea had died from unrelated causes since the incident which took place on the late afternoon of September 27 last year.
Cardoso was alleged to have run up to a mobility scooter being ridden by 73-year-old Mr Shea before knocking him to the ground and then began hitting him while he was on the ground.
Andrew Shaw, prosecuting, said that a few days earlier Cardoso had been involved in the theft of a wallet at The Flintknappers pub in Brandon which, although police were notified, was resolved with £80 being paid to the owner of the wallet.
CCTV camera recordings on September 27 showed Mr Shea driving his mobility scooter towards a pedestrian crossing before a verbal exchange took place with Cardoso which had included Cardoso being called a thief.
Following his arrest, Cardoso told police that he had not intended to injure Mr Shea and only wanted to talk to him.
Giving evidence, Cardoso said he had previously reported comments made by customers at The Flintknappers pub that he was a thief to the police. The comments had upset him, he said.
While admitting that he had run across Market Square to where Mr Shea was waiting to cross the road, Cardoso said he had not deliberately struck him or pushed him to the ground.
Cardoso claimed that Mr Shea had swung a punch at him and he had struck out only in lawful self defence.