[2025] VCC 856
General information, not legal advice.
County Court of Victoria
2025-06-19
Mr J
Original judgment source is linked above.
Sentence: Community Corrections Order in combination with a fine
Mr Frood-Marich all attended at Mr Watts' address with some attempt to conceal your appearance. 6. Mr Field knocked on the door which was not answered and you all left. 7. It would appear that this group attendance was made known to Mr Watts. 8. It is also apparent that Mr Watts formed an intention to attend at the Nomads Westside Chapter clubhouse in response to the attendance at his home address by identified members. 9. Mr Frood-Marich made a request to the Nomads Westside Chapter chat group to attend at the clubhouse in response to a telephone call between you, Mr Field, and Mr Watts and in the belief that Mr Watts was going to attend the club house as I have just described. 10. Mr Watts did so attend. 11. Prior to that attendance, you, Mr Wangman, assisted Mr Frood-Marich and Mr Grace to roll a large steel dumpster bin in front of the Nomads clubhouse. Mr Binks can be seen to park his white Mazda Ute in front of the dumpster bin, both of which blocked access to the roller door of the clubhouse. 12. You, Mr Field, had been in contact with Mr Watts on 28 July 2022 in the lead up to his attendance at the club house. 13. At approximately 2:10 pm on 28 July 2022, CCTV at Weddel Court, Laverton North captured a Holden Statesman sedan enter and park opposite the Nomads Clubhouse. 14. Mr Watts can be seen to exit the front passenger seat wearing a black balaclava, orange and blue high visibility work jumper and to be carrying a red jerry can with a yellow nozzle and a stick. Mr Watts approached the clubhouse and poured petrol over the white Mazda Ute parked at the front of the clubhouse. It had been a white Mazda Ute which had attended at his address earlier and all information would suggest it was the same one belonging to Mr Binks. 15. As Mr Watts poured petrol over the Ute, you, Mr Binks, and you, Mr Field, are said to have stood outside watching before going into the clubhouse. 16. Shortly thereafter, Mr Hamze immediately exited the clubhouse followed by Mr Grace, you, Mr Wangman, Mr Tufuga, you, Mr Field, Mr Frood--Marich and you, Mr Binks. You, Mr Binks, are alleged to have had a bottle in your hand. 17. As your group exited the clubhouse, Mr Watts put the jerry can on the ground and gestured towards Mr Hamze in a combative stance with the stick. He was encircled and continued to take up a combative stance with the stick gesturing to strike out. 18. Mr Hamze picked up and threw petrol from the jerry can towards Mr Watts before Mr Grace managed to disarm Mr Watts by getting him in a headlock and throwing him to the ground. 19. The rest of you rushed towards Mr Watts, with you, Mr Binks, throwing the bottle at him. 20. All of this group then assaulted Mr Watts whilst he was on the ground and incapacitated. 21. The Crown summary attributes each participant to doing the following acts in the next 33 seconds:
(a) You, Mr Field, strike Mr Watts with a sledgehammer nine times to the back and rib area and on two occasions kicked or stomped on his head.
(b) Mr Frood-Marich struck Mr Watts with three punches and nine kicks, six of which were to the head and three to the body. The final kick was said to be to the right side of Mr Watts' face.
(c) Mr Hamze struck Mr Watts with one punch and four kicks. There was some dispute as to whether one was to the head whilst wearing work boots or as the defence submitted to the armpit, but that is of little consequence in the overall circumstances.
(d) Mr Tufuga kicked Mr Watts five times to the body whilst wearing work boots.
(e) You, Mr Wangman, struck Mr Watts with nine punches and two kicks.
(f) After having disarmed Mr Watts by throwing him to the ground, Mr Grace then struck him five times with the stick.
(g) You, Mr Binks, struck Mr Watts with the bottle, which did not appear to break and kicked him three times whilst wearing work boots.
20 years. 4. You were fostered to a maternal aunt and uncle but that was a household of violence, and you ran away at 11 years. You lived with your grandparents for some time before being returned to your mother's care which was not a nurturing environment. 5. Your home life was chaotic, involved poverty, exposure to violence, other forms of extreme and severe abuse which have been made known to me, and a lack of stability. From a young age, you also had a carer's role in relation to a younger sister. 6. Your education was understandably impacted but, to your credit, you did manage to achieve a Year 10 education. 7. Perhaps not surprisingly, you began using illicit substances from an early age but the overuse of alcohol has been your more significant problem. 8. I do accept that your background does allow for some application of the Bugmy principles[2] and is capable of mitigating your moral culpability for your actions in July of 2022. 9. You have managed to maintain employment in a variety of areas which include as a railway fettler, pick packer, machine operator and storeman. 10. You were married for five years to Chantelle with whom you have a child named Kyton aged approximately four years. You have a two-year-old daughter, Indy, from a subsequent relationship with Emily. You are no longer in either of those relationships. 11. When your relationship with Chantelle broke down in 2021, you found comfort in associating with the Nomads Motorcycle Club. 12. As I commented earlier, your role in the offending in July of 2022 was particularly violent given your use of the sledgehammer but I accept, as I have already commented, that you each bear responsibility for the actions of the other in terms of that actual offence. In terms of your prior criminal history, you have multiple appearances in Queensland between 2001 and 2006 for offences which range from breach of bail, drink driving, assault and wounding. You appear to have received eight months of periodic detention from the Burwood Local Court on
17 July 2007 for a charge described as 'maliciously inflict grievous bodily harm'. 13. In Victoria, you received an adjourned undertaking from the Dandenong Magistrates' Court on 24 March 2015 for a charge of driving whilst suspended. On 31 March 2022, the Ballarat Magistrates' Court placed you on a Community Correction Order of 12 months duration for offences of affray, assault Police, hinder Police and state false name when requested. This again would be offending of violence in a context of more than one person being present. You would have been subject to this Order at the time of your offending in July of 2022, which is an aggravating feature to that offending. 14. Subsequently, you were sentenced to six months' imprisonment and a two-year Community Correction Order by the Ballarat Magistrates Court on 2 November 2023 following a domestic violence incident with Emily, and thus indicating another event during which you were unable to control your anger and resorted to violence. This is of obvious concern. 15. You have not spent any time on remand as a result of your arrest for the injury to Mr Watts but I accept that the sentence of six months' imprisonment imposed by the Ballarat Magistrates' Court in November of 2023 would have been a stark demonstration to you of where your life was otherwise heading.
non-parole period. 2. As referred to earlier, on 15 Aprill 2025 I sentenced your co-offenders Mr Frood‑Marich, Mr Hamze and Mr Tufuga. Each was charged with intentionally causing injury to Mr Watts, as are you. Mr Tufuga had an additional charge of failing to comply with an order to provide information or assistance. With some variation, each received a Community Correction Order and some degree of financial penalty. It is in the context of that outcome that your Counsel made their submissions. 3. The parity principle demands that any sentence imposed reflects differences in the culpability and personal circumstances of co-offenders and avoids unjustifiable differences in co-offender sentences 4. For you, Mr Wangman, your counsel contends that the imposition of a Community Correction Order more appropriately reflects relevant sentencing considerations and that you should not be required to serve any term of imprisonment in excess of your pre-sentence detention. 5. Your counsel, Mr Field, concedes that with your history of violence there is some justification for a measure of disparity but submits that a Community Correction Order would still reflect all relevant sentencing considerations, particularly in light of your concerted efforts to rehabilitate. I do accept that your prior history for violence does have some impact. 6. Your counsel, Mr Binks, also submits that a Community Corrections Order reflects all relevant sentencing considerations. In my view, your prior history also has some impact on your sentencing, as have my comments in relation to your rehabilitation and the continued need to protect the community. 7. In order to be better informed, I have had each of you assessed as to your suitability for a Community Correction Order. A report from the Mental Health Advice and Response Service was also requested in relation to each of you and I have had access to all of those assessments. 8. You are all assessed as suitable for a Community Correction Order. 9. In my view, there is punishment and deterrence in such an order relating to the length of an order and the requirements of such an Order and as to whether any financial penalty attaches. It is not lost on me either that you, Mr Binks, had a period on remand and I have commented on that. 10. Now I am just checking with each of you whether there are any factual errors or matters you need to bring to my attention? 11. COUNSEL: No, Your Honour. 12. HER HONOUR: A global no, thank you, all right.
[1] Psychological Assessment and Court Report of David Ball dated 19 July 2024, page 4.
[2] Bugmy v The Queen [2013] HCA 37, ('Bugmy').
DPP
Field & Ors [2025] VCC 856