A female Deliveroo rider who bit off a customer’s thumb during a row over a Pizza Express order has been spared jail.
Jeniffer Rocha, 35, caused Stephen Jenkinson, 36, a ‘permanent, irreversible injury’ in a ‘reckless’ assault after he was unable to provide a pick-up code for the food his partner had ordered.
He later described how Rocha launched into a brutal assault, ‘raining punches’ onto his head, before sinking her teeth into his hand, completely severing his thumb above the knuckle.
Mr Jenkinson had to have part of his big toe surgically sewn onto the stump of his missing digit, Salisbury Crown Court heard.
Rocha, a married mum-of-two who was making deliveries on her moped as a replacement rider for her husband, admitted grievous bodily harm in March on the eve of her trial.
She walked free from court after a judge agreed to suspend her 16-month sentence for 18 months, saying she had acted in ‘excessive self-defence’.
Judge Timothy Mousley KC said: ‘What is clear in this case is the thumb going into your mouth was completely accidental and [Mr Jenkinson] had no intention to do that.
‘But you, of course, would not have known and you had been pushed and finding a thumb in your mouth, I’m satisfied you didn’t know how things would develop.
‘This was a grave injury, and it resulted in a permanent, irreversible injury.’
Judge Mousley KC said there was ‘considerable mitigation in your case’ and found Rocha does not pose a risk to the public.
The court heard Mr Jenkinson ordered pizza from Deliveroo to his home near Aldershot, Hampshire, on December 14, 2022.
But Rocha arrived at the wrong address and when he went to collect his food the pair argued over a delivery code which he was required to show.
Mr Jenkinson did not have his phone on him to show the two-digit code to prove he was the customer, and in line with Deliveroo rules Rocha refused to give him the pizza.
The court heard that a scuffle broke out, and although different accounts were given by both sides, it is accepted Mr Jenkinson pushed Rocha three times.
Mr Jenkinson told the court his injury had cost him his relationship, his home and landed him with debts of more than £70,000.
‘I do not get to see my daughter every day because of our relationship breakdown,’ he said.
‘She is growing up so quickly and I feel like I’m missing out on so much.’
Mr Jenkinson has not worked as a plumber and gas engineer since – and lost his gas licence because he’s no longer able to re-connect a boiler.
‘I’m not able to pinch,’ he explained. ‘The other day I could not pick up my daughter’s crayons when they fell on the floor.’
Mr Jenkinson said he has spent extensive time in hospital and must have another operation on his thumb, which will again leave him physically struggling.
He added: ‘Financially, I’m currently in £74,000 worth of debt.’
Lauren Hebditch, defending Rocha, said she is the primary carer to her two teenage children and that at the time her husband was in Italy in search of work.
Ms Hebditch said: ‘[On the night of the offence] she had done eight jobs that day, she was tired, it was a dark, cold day.’
Ms Hebditch said Mr Jenkinson is a ‘6ft, muscular man’ and Rocha didn’t know he was her customer.
She said Rocha was ‘trying to protect herself’ when a scuffle broke out. ‘She accepts biting down so hard was excessive.
‘She displays a significant amount of remorse. She lives with it daily, she talks about how difficult it is for him.
‘Her husband says she prays constantly and lives in total regret.’
John Hepworth, a District Crown Prosecutor with CPS Wessex, said: ‘Mr Jenkinson has suffered from life-changing injuries, the impact of which cannot be understated. This attack has permanently altered his life.
‘Jeniffer Rocha’s assault far exceeded that of any force necessary and her conduct was completely unacceptable.
‘This is a serious offence and I hope that today’s sentence sends a clear message that the CPS will not tolerate this behaviour.
‘I want to thank Mr Jenkinson for his support in the prosecution and wish him all the best in his recovery.’
A spokesperson for Deliveroo said: ‘This was a truly awful incident. We fully cooperated with the police on the investigation, and our thoughts are with Mr Jenkinson.’
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