‘Stupid and immature’: Illawarra man sentenced over threatening witness

The actions of a young man who threatened a Crown witness on two separate occasions just weeks after being released from prison, have been labelled “stupid and immature” by a judge.

Mason Evans leaving Wollongong Court on May 20.

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The actions of a young man who threatened a Crown witness on two separate occasions just weeks after being released from prison have been labelled “stupid, immature and out of control” by a Wollongong judge.

Mason Evans, 24, appeared at Wollongong District Court in front of Judge Andrew Haesler on May 20, after he threatened a Crown witness with what they believed was a gun last year.

Despite the defence arguing Evans had made strong attempts to turn his life around, securing a casual job as a painter and beginning a relationship, Judge Haesler said Evans’ actions were a “deliberate attempt to intimidate”.

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“There is no option but to give a custodial sentence,” he said. “But if returned to custody he will be significantly set back.”

Judge Haesler imposed a sentence of two years eight months, with a one year, one month non-parole period. With time already served taken into consideration, Evans walked free from the court on Monday.

Previous court proceedings heard Evans spent 11 months in jail awaiting trial over allegations he stabbed his ex-girlfriend’s stepfather during a confrontation at Kanahooka in October 2016.

However, Evans was found not guilty of wounding the man after a NSW District Court trial, and was released back into the community in September 2017.

On Monday, the court heard Evans spotted the stepfather and his partner at a Koonawarra shop just one month later, where he unleashed a barrage of insults and threats on the man.

Mason Evans. Pic: NSW Police.

Mason Evans. Pic: NSW Police.

“F--- you, I got out you dog. I got found not guilty,” he said to the victim, before threatening to stab him “again”.

Judge Haesler said the threats were aggravated by the fact Evans made the victim believed he was in possession of a firearm.

“The offender made a gesture that made [the victim] think he was armed,” Judge Haesler said. “I accept this was an unplanned meeting but a threat to harm was made and that threat would have carried some weight.”

Evans harassed and intimidated the couple again less than a week later, this time at their Dapto home.

At 11.30am on October 8, 2017, Evans, in a car driven by a friend, pulled into the victim’s home and did several burnouts, before fleeing the scene and “fishtailing” out of the driveway.

During the sentencing, Evans defence argued he had taken responsibility for his actions and had taken steps to improve himself since being released from custody.

When handing down his sentence, Judge Haesler said Evans’ actions were “immature and stupid”, and that no witness should feel afraid to give evidence.

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“Witnesses must be protected from attack before or after trial,” he said.

“This should be a signal to others to deter them from doing what this offender did.”

Judge Haesler said Evans had spent many of his “milestone years” in custody and had displayed “poor behaviour while both in the community and on remand.”

But, he did agree with the Crown that his life had taken a turn for the better in recent months, and rehabilitation prospects were good.

“When he was released into the community his life flourished, he formed a relationship, had the opportunity to work and learn what a community life can be about,” he said.

“If returned to custody he will be significantly set back,” he said.

Evans is set to return to the Central West, where he has been living for several months. Under his parole conditions he will be subjected to supervision.