R v Pagett; R v Williamson [2024] NSWDC 623

R v Pagett; R v Williamson [2024] NSWDC 623

Both offenders were sentenced to terms of full-time imprisonment, with special circumstances findings reducing the non-parole period, due to the objective seriousness of the protracted detention and humiliation of the complainant, the offenders’ youth, background disadvantage, and demonstrated remorse. Further mitigation was allowed for Pagett's Aboriginality, trauma, and mental health. Parity was applied with differing sentences reflecting their circumstances.

Parties
Offender: Mataja Pagett; Offender: Jayden Williamson; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
01 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Imprisonment sentences imposed; special circumstances found; backup charges dismissed.
Legal Topics
Violent Offences, Detain in Company, Intimidation, Assault Occasioning Actual Bodily Harm, Sentencing, Aggravating Factors, Mitigating Factors, Imprisonment, Parity, Special Circumstances, Custody of Young Offenders, Aboriginal Offenders, Drug Addiction, Mental Illness
Criminal Law Violent Offences Detain in Company Intimidation Assault Occasioning Actual Bodily Harm Sentencing Aggravating Factors Mitigating Factors +7 more

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Parties

Mataja Pagett

Offender

Jayden Williamson

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for detention and assault occasioning actual bodily harm in company with aggravating and mitigating features
  2. 2 Application of parity principle in sentencing co-offenders
  3. 3 Impact of subjective circumstances (youth, trauma, Aboriginality, mental health, drug use) on moral culpability and sentence

Ratio Decidendi

Both offenders were sentenced to terms of full-time imprisonment, with special circumstances findings reducing the non-parole period, due to the objective seriousness of the protracted detention and humiliation of the complainant, the offenders’ youth, background disadvantage, and demonstrated remorse. Further mitigation was allowed for Pagett's Aboriginality, trauma, and mental health. Parity was applied with differing sentences reflecting their circumstances.

Court Disposition

Imprisonment sentences imposed; special circumstances found; backup charges dismissed.

Orders

  • Pagett: Sentence of imprisonment of 3 years 4 months, commencing 4 September 2023, with a non-parole period of 1 year 8 months (eligible for parole on 3 May 2025), sentence expires on 3 January 2027.
  • Williamson: Sentence of imprisonment of 3 years 9 months, commencing 4 September 2023, with a non-parole period of 1 year 11 months (eligible for parole on 3 August 2025), sentence expires on 3 June 2027.