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Justin Smith: Prosecution silent on why they can’t appeal Jackson Williams’ sentence

Jackson Williams is a dangerous piece of work and he is roaming free after a judge decided she could not find him guilty of “assault with intent to commit a sexual offence”, writes Justin Smith.

Shocking attack on nurse in Melbourne CBD

Every woman in this state should remember the face of Jackson Williams. Just as they’d remember a tiger snake, or a savage dog, or the unsteady edge of a cliff.

And if they see him coming, they should run from him as fast as they possibly can.

Williams is a shocking and dangerous piece of work, but he’s also one of the luckiest blokes alive, after the County Court spared him jail on Wednesday morning for the frightening attack of a nurse.

Over the last couple of weeks, most of us have seen the CCTV footage of Williams as he grabs a 39-year-old nurse from behind, before he dragged her into a CBD laneway, put her in a headlock, got her to the ground, put all his weight on her and covered her mouth.

It was a brutal sight.

But it wasn’t enough for the County Court. The judge (a woman surprisingly) decided she could not find him guilty of “assault with intent to commit a sexual offence”.

Instead, she accepted his guilty plea for the far lower charge of “common assault”.

So now, this week, he has been sentenced. And as expected, has been set free with a community corrections order and the 42 days he had already served.

And don’t be put off by anything you may hear about there being a lack of proof to make a case of “intent” to rape.

This case is every bit the travesty.

Jackson Williams pictured leaving the County Court. Picture: David Crosling
Jackson Williams pictured leaving the County Court. Picture: David Crosling

Williams’ legal team had asked for judge alone trial (no jury) and they got it. So the decision was made by a single judge, who said she was not satisfied Williams was attempting a sexual assault because “he does not rub his body against her in a sexual manner or do anything consistent with an intention to commit a sexual offence against her”.

It’s hard to believe that we’re talking about the same footage.

Williams has still not explained what he was trying do to the poor woman. And his silence has served him well.

Williams’ barrister — also a woman — had raised concerns about vigilante behaviour and social media towards her client.

Well, I would ask his lawyer, and the court, to consider that the vigilante behaviour would not exist if the people of Victoria felt justice was being done in their courts.

The blame for any verbal attacks on Williams may need to be directed at the court and this terrible outcome.

But it gets worse. The prosecutor in this case — again, also a woman — is not able to appeal this case. And when I asked the Office of Public Prosecutions for an explanation, they declined to comment.

They would rather not explain the case to Victorians. You’d be forgiven for forgetting that they’re on our side.

And you can be sure the judge will not be commenting on the decision.

The people who dispense justice — and non-justice — in this state are beyond reproach when it comes to speaking with ordinary citizens.

You would think they don’t have to walk the same streets as we do.

I’m ashamed by this decision. But I’m all right — I’m a man. I’m not a target for this bloke.

However, the women of Victoria have every right to feel endangered by the case of Jackson Williams.

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Justin Smith is a Herald Sun columnist and host of The Columnist podcast

@justinsmithword

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Original URL: https://www.heraldsun.com.au/news/opinion/justin-smith-prosecution-silent-on-why-they-cant-appeal-jackson-williams-sentence/news-story/e7f6f81b33d4c4ae437858fcef31caf4