R v Ali; R v Amiri; R v Feili; R v Haidari; R v Parhizkar [2013] NSWSC 871

R v Ali; R v Amiri; R v Feili; R v Haidari; R v Parhizkar [2013] NSWSC 871

The offenders' conduct formed part of a serious violent disturbance at Villawood involving threats to staff, missile throwing, fires and extensive property damage, but sentence had to reflect each offender's individual role and subjective circumstances. Ali's objectively minimal affray, reduced moral culpability from psychiatric illness, time already served and good prospects justified a s 9 bond rather than further imprisonment. For Amiri, Feili, Haidari and Parhizkar, the seriousness of their riot offending made imprisonment the only appropriate sentence, but their prior good character, mental conditions, onerous custody, pre-sentence custody and special circumstances justified...

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Criminal Sentencing for Affray and Riot / Sentence Following Jury Verdicts of Guilty; Ali Found Guilty of Affray and Amiri, Feili, Haidari and Parhizkar Found Guilty of Riot
Outcome
Ali was convicted and ordered to enter a s 9 good behaviour bond for 2 years. Amiri and Haidari were each convicted and sentenced to imprisonment for 1 year 10 months with a non-parole period of 1 year 2 months. Feili and Parhizkar were each convicted and sentenced to imprisonment for 3 years with a non-parole...
Legal Topics
['riot' 'affray' 'violent Protest in Immigration Detention' 'threats to Public Officials and Commonwealth Property' 'special Circumstances' 'mental Condition in Sentencing' 'admissibility of Refugee Tribunal Reports on Sentence' 'pre Sentence Custody']
['criminal Law' 'evidence' 'sentencing'] ['riot' 'affray' 'violent Protest in Immigration Detention' 'threats to Public Officials and Commonwealth Property' 'special Circumstances' 'mental Condition in Sentencing' 'admissibility of Refugee Tribunal Reports on Sentence' 'pre Sentence Custody']

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Procedural Posture

Criminal Sentencing for Affray and Riot / Sentence Following Jury Verdicts of Guilty; Ali Found Guilty of Affray and Amiri, Feili, Haidari and Parhizkar Found Guilty of Riot

Legal Issues

  1. 1 ["What sentences should be imposed for Ali's affray and the other offenders' riot committed at Villawood Immigration Detention Centre on 20 April 2011." 'How the context of a violent protest in lawful immigration detention affected the objective seriousness of the offending.' "Whether the offenders' psychiatric or psychological conditions reduced moral culpability and the weight to be given to general deterrence." 'Whether special circumstances justified non-parole periods shorter than the usual statutory proportion.' 'Whether reports and documents from refugee assessment processes were admissible on sentence as evidence of prior statements and claims made by offenders.']

Ratio Decidendi

The offenders' conduct formed part of a serious violent disturbance at Villawood involving threats to staff, missile throwing, fires and extensive property damage, but sentence had to reflect each offender's individual role and subjective circumstances. Ali's objectively minimal affray, reduced moral culpability from psychiatric illness, time already served and good prospects justified a s 9 bond rather than further imprisonment. For Amiri, Feili, Haidari and Parhizkar, the seriousness of their riot offending made imprisonment the only appropriate sentence, but their prior good character, mental conditions, onerous custody, pre-sentence custody and special circumstances justified...

Court Disposition

Ali was convicted and ordered to enter a s 9 good behaviour bond for 2 years. Amiri and Haidari were each convicted and sentenced to imprisonment for 1 year 10 months with a non-parole period of 1 year 2 months. Feili and Parhizkar were each convicted and sentenced to imprisonment for 3 years with a non-parole...

Orders

  • ['Ali: Convicted; directed to enter into a bond for a period of 2 years on conditions that he be of good behaviour, appear before the Court if called upon during the term of the bond, and notify the Registrar of any change of address within 7 days.' 'Amiri: Convicted; sentenced to imprisonment comprising a...