Two men plead guilty to the manslaughter of Jayden Mason outside Wyong Leagues Club
Jayden Mason had been ejected from Wyong Leagues Club for being too drunk when he “mouthed off” at two ex-criminals who chased him up the road and stomped on his head.
Central Coast
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Two men have pleaded guilty to the manslaughter death of Jayden Mason, 21, who they punched to the ground before one of them kicked him in the head “like a soccer ball” and stomped on his head with two feet.
They left him motionless on the ground before a P-plater ran him over by accident.
Benjamin Keith O’Brien pleaded guilty last month while his co-accused Ryan Vincent Paterson pleaded guilty in the Supreme Court on Wednesday.
Agreed facts tendered in both matters revealed the pair were both on parole after serving custodial sentences for serious offences at the time of the vicious attack shortly before 10.30pm on Saturday, June 24, 2017.
O’Brien, 30, of Norah Head, was on parole for commercial drugs supply while Paterson, 36, of Erina, was on parole for recklessly inflicting grievous bodily harm of a motorist having stomped on that person’s head and left him unconscious near the road.
The facts revealed O’Brien and Paterson had been drinking with friends at the Budgewoi Hotel from about 7pm when they caught a courtesy bus to Wyong Leagues Club — stopping at a friend’s house along the way to collect a six-pack of beers.
They got off the bus on Lake Haven Drive, opposite the leagues club, and were finishing their drinks when a shirtless Mason started “cursing up the road” at the group.
Words were exchanged and O’Brien and Paterson crossed the road yelling “come on c...”.
Paterson tried to punch Mason but missed and then O’Brien swung a punch but Mason was also able to avoid that before fleeing up the road.
They gave chase with Paterson tripping in the gutter.
Mason tried to flag down an approaching motorist who later told police “the guy looked like he was shitting himself he looked that scared”.
Mason tried to flag down another car and was about 165m north of the leagues club when O’Brien caught up to him and punched him, causing him to “buckle” onto the road.
“Mr Paterson kicked the deceased to the head like kicking a soccer ball,” the facts read.
“He was unconscious after the first kick.
“Mr Paterson kicked the deceased to the head a second time when his head was on the ground. Mr Paterson then stomped on the deceased’s head with two feet.”
They left him lying in the bicycle lane and started to walk back to the club when three cars came along.
The first swerved away from Mason before pulling up in front of him.
Two 17-year-old girls were driving in separate cars behind with the first car swerving right. However the girl behind in a gold Toyota Rav 4 struck her friend’s car and went straight towards the gutter.
“I felt the car scrape or go over something, it’s hard to describe,” she later told police.
“I felt it on the left side of the car. I didn’t see anything on the road at the time.”
Emergency services were called and Mason was taken to John Hunter Hospital where he was confirmed dead at 12.11am on June 25, 2107.
An autopsy found Mason died from “severe traumatic blunt force head injuries” but it could not determine what caused the fatal blow.
“It is also not possible to attribute the head/brain injuries as being solely due to either the alleged assault or impact/dragging injuries from being hit by the car, or accurately estimate the relative contribution from either incident/mechanism,” Dr Brian Beer said in his report.
O’Brien and Paterson fled the area and a week later on July 2, 2017, O’Brien rang Mason's uncle and apologised.
“I really want to say sorry for what’s happened I had no intentions for this to happen,” he told Mason’s uncle.
They were arrested the following day and charged with murder.
A search of O’Brien's house uncovered 2.58g of MDMA while police found 15g of cannabis and 27.9g of methandienone in a car and at Paterson’s home.
Three counts of possessing a prohibited drug will be taken into account when he is sentenced for manslaughter.
The toxicology report found Mason had a high blood alcohol level of 0.19 at the time and cannabis and antidepressants in his system.
He had shared half a bottle of gin and two or three premixed bourbon earlier that afternoon at a friend’s house at San Remo.
According to the police facts Mason entered the leagues club about 8pm before he was ejected for being too intoxicated about 9.50pm.
He remained outside to about 10.20pm until he went and sat on a footpath “screaming out to passing cars and crying hysterically for ten minutes”, the facts read.
O’Brien and Paterson will face a sentencing hearing on December 16.
