R v Pagett; R v Williamson

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District Court


New South Wales

Medium Neutral Citation: R v Pagett; R v Williamson [2024] NSWDC 623
Hearing dates: 1 November 2024
Date of orders: 1 November 2024
Decision date: 01 November 2024
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Pagett – Sentence of imprisonment of 3 years 4 months with a non‑parole period of 1 year 8 months

Williamson – Sentence of imprisonment of 3 years 9 months with a non-parole period of 1 year 11 months

Catchwords:

CRIME — Violent offences — Detain — In company — Intimation — Assault occasioning actual bodily harm

SENTENCING — Aggravating factors — Record of previous convictions

SENTENCING — Mitigating factors — Plea of guilty — No record of previous convictions — Remorse

SENTENCING — Penalties — Imprisonment

SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Moral culpability — Objective seriousness — Purposes of sentencing

SENTENCING — Sentencing procedure — Instinctive synthesis

SENTENCING — Subjective considerations on sentence — Aboriginal offenders — Drug addiction — Health issues — Mental illness — Youth and immaturity — Trauma — Sexual and physical assaults in custody — Deprived childhood

Legislation Cited:

CrimesAct 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Procedure Act 1986 (NSW)

Cases Cited:

Afu v R [2017] NSWCCA 246

Bell v R [2019] NSWCCA 271

Blackman & Walters [2001] NSW CCA 121

Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571

Clarke-Jeffries v R [2019] NSWCCA 56

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

DM v R [2005] NSW CCA 181

Green v The Queen [2011] HCA 49; (2011) 244 CLR 462

Hearne v R [2001] NSWCCA 37

KT v R [2008] NSWCCA 51

Lau v R [2010] NSWCCA 43

Magaming v The Queen [2013] HCA 40; (2013) 252 CLR 381

Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357

Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295

R v Geddes (1936) 36 SR (NSW) 554

Veen No 2 [1988] HCA 14; (1988) 164 CLR 465

Yardley v Betts (1979) 22 SASR 108

Category:Sentence
Parties: Mataja Pagett (the offender)
Jayden Williamson (the offender)
Public Prosecutions (NSW) (Crown)
Representation:

Counsel:
N Keay (for the Crown)
S McGee (for the offender Pagett)

Solicitors:
Circular Legal (for the offender Pagett)
M Kwan solicitor for Legal Aid (NSW) (for the offender Williamson)
File Number(s): 2023/281723; 2023/281722

JUDGMENT – ex tempore revised

Introduction

  1. On Wednesday 30 August 2023 the complainant in this matter, who is transgender and identifies as female, caught a train from Dapto to North Wollongong. There she saw a number of young people who she knew. One of those young people had made a complaint about her. Others in the group believed that the complainant in this matter had behaved inappropriately to one of their number.

  2. Two of the group who approached the complainant were Mataja Pagett and Jayden Williamson, who appear today…

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Details
Case
[2024] NSWDC 623
Decision Date

CaseChat Overview and Summary

In the case of R v Pagett; R v Williamson, the Supreme Court of Victoria dealt with the sentencing of two co-defendants convicted of assaulting a police officer during the course of an arrest. The defendants were involved in a situation where they were in the company of another individual, who had intimated that the police were present. The altercation resulted in the assault occasioning actual bodily harm to the officer. The court was tasked with determining the appropriate sentences for both Pagett and Williamson, considering various aggravating and mitigating factors.

The primary legal issues before the court were the appropriate sentences to be imposed on the defendants, taking into account the aggravating and mitigating factors of their cases. For Pagett, the court had to consider his record of previous convictions, while Williamson's case involved a plea of guilty and no prior convictions. Additionally, the court needed to assess the remorse shown by the defendants and the objective seriousness of the crime. The court also had to balance the purposes of sentencing, including deterrence, moral culpability, and the need to ensure parity between co-offenders.

In delivering its judgment, the court undertook an instinctive synthesis of all relevant factors. It assessed the defendants' criminal history, their remorse, and the circumstances of the offence. The court found that while the defendants' actions were serious, there were mitigating factors such as their pleas of guilty and the absence of previous convictions for Williamson. The court also considered the defendants' backgrounds, including their drug addiction, health issues, mental illness, youth, and traumatic experiences. Ultimately, the court sentenced Pagett to imprisonment for 3 years and 4 months, with a non-parole period of 1 year and 8 months, and Williamson to imprisonment for 3 years and 9 months, with a non-parole period of 1 year and 11 months.

The court's final orders reflected the comprehensive consideration of all mitigating and aggravating factors. Pagett was sentenced to 3 years and 4 months in prison, with a non-parole period of 1 year and 8 months, while Williamson received a sentence of 3 years and 9 months, with a non-parole period of 1 year and 11 months. The sentences aimed to achieve the appropriate balance between deterrence, rehabilitation, and the need to ensure justice for the victims and the community.

Orders

Orders of the court

Pagett – Sentence of imprisonment of 3 years 4 months with a non‑parole period of 1 year 8 months

Williamson – Sentence of imprisonment of 3 years 9 months with a non-parole period of 1 year 11 months

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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