Planned attack on inmate goes wrong in 'senseless' case of mistaken identity

The court heard while housed in Bathurst Correctional Centre, Jacob Wickey, 23, Garnet Williams, 25, and Roydon Leroy Rumble, 27, attacked an inmate.

The group of men followed the victim into his cell around 9.54am on June 11, 2024 where they remained for four minutes, court documents reveal.

As the minutes went by, the men began to "bust" the victim in a brutal three-on-one attack.

As Williams dealt a forceful punch to the victim's eye, the man fell to the ground and asked the men to "stop, please".

Williams - whose last known address is in Goonellabah - grabbed the victim's jacket as he, Wickey and Rumble left while the victim lay dishevelled on his cell room floor with obvious facial injuries.

The victim - who told police he didn't know the men - was later transferred to Westmead Hospital with complex facial bone fractures.

Wickey, Rumble and Williams were charged with assault occasioning actual bodily harm in company and larceny.

They each entered pleas of guilty to both charges.

Immature, stupid and feelings of sorrow for the victim is how Port Macqaurie man, Rumble reflected on the bashing.

His solicitor Mr Morrison suggested during the sentence hearing in Bathurst District Court on September 5 that his client had a lesser involvement, having waited outside of the victim's cell for 20 seconds before he entered.

"It's clear that it was Mr Williams who was responsible for delivering the punch that resulted in the significant injuries," Mr Morrison said.

Williams' solicitor Mr Russell argued against the "startling remark", claiming there was no evidence to suggest his client's punch is what ultimately sent the victim to hospital.

"I hadn't meant for this to turn into a cut-throat sentence ... but the 'facts' make no plausible connection between the injuries and the 'forceful punch'. It's equally open that the injuries had already been sustained," Mr Russell said.

However, Mr Russell conceded that his client had an elevated role in the assault because it was "Mr Williams' quarrel, or not as it turned out because it wasn't even the right guy, it was a case of mistaken identity".

"This poor bloke was set upon and he wasn't even the bloke they were looking for," Mr Russell said.

As for Bathurst man, Wickey his solicitor Georgia Lundie asked the court to factor in her client's risk of institutionalisation and access to positive role models upon his release.

"He has pro-social role models now within his family in Bathurst that are here to support him," Ms Lundie said.

The violent and "deliberate" attack was denounced by Judge Penny Musgrave as she delivered her sentence on September 11.

"It was a senseless attack on a person who was a stranger," Judge Musgrave said.

Finding there was no other alternative than for more time behind bars, Judge Musgrave dealt out individual terms.

Wickey was sentenced to 16 months jail, with a non-parole period of eight months. He will be eligible for release on October 11, 2025.

Rumble was given an 18 months custodial sentence, with a non-parole period of 10 months. He will be eligible for release on November 30, 2025.

As for Williams, who the court found had the highest involvement, he was sentenced to 22 months in prison, with a non-parole period of 13 months. He will be eligible for release on December 5, 2025.

"Take this opportunity to turn your life around," Judge Musgrave said at the conclusion of sentencing.

Wickey and Rumble were each placed on 18-month community correction orders for the larceny charge, while Williams was given a longer prison sentence.