Joshua Mason's sentence for cover-up of fatal hit-and-run on Darwin highway reduced on appeal
The woman's leg was found on the side of the Stuart Highway in Coolalinga. (ABC News: Myles Houlbrook-Walk)
In short:
The NT Court of Criminal Appeal has slashed the sentence of a man who pleaded guilty to the 2022 hit-and-run death of an Indigenous woman and subsequent cover-up.
Joshua Mason, 25, was originally sentenced to six years in prison with a non-parole period of three years.
What's next?
The court re-sentenced him to three years in prison, suspended immediately.
A man jailed over the cover-up of a fatal hit-and-run on the outskirts of Darwin will be released from prison immediately following a successful appeal.
Warning: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of an Indigenous person who has died, used with the permission of her family.
The body of a 43-year-old Anmatyerre woman, known for cultural reasons as Kumanjayi Nungarrayai Dixon, was found in bushland in Darwin's rural area two days after her disembodied leg was found on the side of the Stuart Highway.
Joshua Mason, who was driving on a suspended licence at the time, struck Ms Dixon with his car on May 30, 2022 while she was walking home after getting off a bus.
The court previously heard that instead of calling triple-0 for help, Mason called his mother, Deborah Mason, and the pair dragged Ms Dixon's body into the back of a ute before burying it in a shallow grave.
Kumanjayi Nungarrayi Dixon was struck and killed by Joshua Mason's car. (Supplied: Carol Dixon)
Joshua Mason pleaded guilty to hit-and-run causing death, perverting the course of justice and interfering with a corpse.
He was sentenced to six years behind bars, with a non-parole period of three years.
Joshua Mason appealed his sentence earlier this year.
On Friday, the NT Court of Criminal Appeal allowed the appeal on the basis the sentence was manifestly excessive, re-sentencing him to three years, suspended immediately.
The section of the Stuart Highway in Coolalinga where the human remains were discovered. (ABC News: Hamish Harty)
During submissions to the court, prosecutor Lloyd Babb SC argued Joshua Mason's offending was "extremely serious" and his intention at the time was to "make the body disappear" and "cover up his involvement" from police.
"Had the plan succeeded, the deceased would have been a missing person, and the family would never have known what happened to her, and that is extreme criminality in terms of perverting the course of justice," Mr Babb told the court.
Mr Babb submitted Mason's offending was made worse by the fact that by failing to contact authorities immediately, police were unable to properly investigate the full circumstances of the incident, including whether alcohol or drugs were a factor.
The court had previously heard Joshua Mason was on the way to buy cannabis when the incident occurred and had consumed one drink that evening, however there was no evidence he was intoxicated at the time.
Director of Public Prosecutions Lloyd Babb SC said police were unable to properly investigate whether alcohol or drugs were a factor in the crash. (ABC News: Olivana Lathouris)
Justice John Burns — one of three judges who made the ruling — said there was no doubt Joshua Mason's offending was serious, saying "it's just a question of how serious".
"There's no minimum penalty prescribed for these offences, so in theory anything from a non-conviction order up to the maximum is available," he said.
Joshua Mason's defence barrister Ian Read SC argued the time his client had served in prison "would equate with the minimum term justice requires he serve in custody".
"He's now done a lengthy term and the time he's done is longer than many head sentences for pervert the course [of justice]," Mr Read said.
Defence barrister Ian Read SC said Mason had already "done a lengthy term". (ABC News: Olivana Lathouris)
Mr Read told the court his client had already served 30 months in custody, and noted his "very good work record" and the various "glowing" character references which had been provided.
In allowing the appeal, Justice Sonia Brownhill said Mason was entitled to a more significant reduction to his sentence, acknowledging both his plea of guilty and remorse for his actions.