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The Canberra Times
The Canberra Times
National
Blake Foden

Drink-driver severed man's toe while showing off new exhaust

Matheus Almeida Magalhes leaves court on Tuesday. Picture by Blake Foden

A drink-driver has admitted severing a man's toe in a Canberra car park while showing off his car's new exhaust at the end of a night out.

Matheus Almeida Magalhes, 22, pleaded guilty in the ACT Magistrates Court on Tuesday to a charge of causing grievous bodily harm by a negligent act.

Prosecutor Nathan Deakes withdrew a more serious charge of culpable driving causing grievous bodily harm, which had been listed for a contested hearing.

An agreed statement of facts shows the victim had a night out with friends and work colleagues, including Almeida Magalhes, at Civic cocktail bar Highball Express in November 2021.

The group left about 1.50am on the Saturday in question and headed for Almeida Magalhes' blue Nissan, which was in the Pitts car park opposite Mooseheads.

Almeida Magalhes got into the car and, with the driver's door still open, revved its engine so the group could listen to its new exhaust system.

When he tried to put the vehicle into neutral, he accidentally shifted it into reverse.

The victim, who was standing about five metres behind the car, saw it quickly coming towards him.

He yelled out to Almeida Magalhes to stop, and unsuccessfully attempted to jump out of the way.

The Nissan ran over his right foot, causing injuries that included the amputation of a toe. He also required surgery on two of his other toes.

The vehicle continued to accelerate while in reverse, at one stage pinning the victim between it and a parked Toyota Corolla while lifting him off the ground.

Police, who received a call stating that a blue Nissan had "crushed another person", went to the scene.

By the time officers arrived, paramedics were already there treating the victim for serious foot injuries.

Almeida Magalhes, who returned a positive breath test result at the scene, was arrested and taken to City Police Station.

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

Almeida Magalhes was subject to a zero alcohol limit, being the holder of an international driver's licence.

He told officers he had drunk three glasses of full-strength beer and had only intended to rev his car's engine, not drive it anywhere.

A medical expert, Dr Vanita Parekh, prepared a report that stated her belief Almeida Magalhes had been so intoxicated he could not have properly controlled a car.

After Almeida Magalhes pleaded guilty on Tuesday, Mr Deakes requested an adjournment so he could make inquiries about a possible victim impact statement.

Mr Deakes indicated he did not plan to ask for the Brazilian, who lives in Palmerston, to receive a jail term.

Chief Magistrate Lorraine Walker listed Almeida Magalhes' case for sentencing on April 3.

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