R v Eken; R v Potrus [2012] NSWSC 2

R v Eken; R v Potrus [2012] NSWSC 2

Each offender participated in the actual use of violence in a serious riot at Sydney Airport involving rival motorcycle gangs. Although neither offender was responsible for the death of Anthony Zervas, had a leading role, or used a weapon, the public location, distress caused to bystanders, need for general deterrence, qualified rehabilitation prospects and parity considerations required a substantial term of imprisonment. After allowing a 20 per cent discount for rejected offers to plead guilty and finding special circumstances, the appropriate sentence for each offender was 5 years imprisonment with a non-parole period of 3 years.

Jurisdiction
Australia
Judgment Date
09 January 2012
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdicts Acquitting Each Offender of Murder and Manslaughter and Finding Each Offender Guilty of Riot
Outcome
Each offender was convicted and sentenced to imprisonment for 5 years with a non-parole period of 3 years.
Legal Topics
['riot' 'violent Confrontation Between Rival Motorcycle Gangs' 'objective Seriousness' 'general Deterrence' 'parity With Co Offenders' 'offers to Plead Guilty Rejected by Prosecution' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['riot' 'violent Confrontation Between Rival Motorcycle Gangs' 'objective Seriousness' 'general Deterrence' 'parity With Co Offenders' 'offers to Plead Guilty Rejected by Prosecution' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdicts Acquitting Each Offender of Murder and Manslaughter and Finding Each Offender Guilty of Riot

Legal Issues

  1. 1 ['What sentence should be imposed on each offender for riot contrary to s 93B Crimes Act 1900.' 'How serious the riot was, including its occurrence in an airport terminal in the presence of members of the public.' "What mitigating weight should be given to each offender's subjective circumstances, remorse, rehabilitation prospects, onerous custody and willingness to plead guilty." 'Whether general deterrence and parity with co-offenders affected the appropriate sentence.' 'Whether special circumstances justified a longer than usual period of parole supervision.']

Ratio Decidendi

Each offender participated in the actual use of violence in a serious riot at Sydney Airport involving rival motorcycle gangs. Although neither offender was responsible for the death of Anthony Zervas, had a leading role, or used a weapon, the public location, distress caused to bystanders, need for general deterrence, qualified rehabilitation prospects and parity considerations required a substantial term of imprisonment. After allowing a 20 per cent discount for rejected offers to plead guilty and finding special circumstances, the appropriate sentence for each offender was 5 years imprisonment with a non-parole period of 3 years.

Court Disposition

Each offender was convicted and sentenced to imprisonment for 5 years with a non-parole period of 3 years.

Orders

  • ['Ishmail Eken convicted.' 'Ishmail Eken sentenced to imprisonment comprising a non-parole period of 3 years and a balance of the term of the sentence of 2 years, dating from 19 April 2009, with eligibility for release on parole on 18 April 2012.' 'Usama Potrus convicted.' 'Usama Potrus sentenced to imprisonment...