R v Abounader [2012] NSWSC 1312

R v Abounader [2012] NSWSC 1312

The sentence was imposed having regard to the offender’s organisational role in mobilising the Comancheros, his possession of a knife, his participation in violent conduct during the riot, and the seriousness of the offence occurring in a public airport terminal, balanced against mitigating factors including trivial criminal record, support from family, prospects of rehabilitation, a plea of guilty, and parity considerations among co-offenders.

Parties
Prosecutor: Regina; Offender: Farres Abounader
Jurisdiction
Australia
Judgment Date
26 October 2012
Procedural Posture
Criminal / Sentencing Decision
Outcome
Conviction and imprisonment
Legal Topics
Riot, Sentence, Parity Among Co Offenders, Mitigating Factors, Violent Fight at Airport, Role of Offender, Organisational Role, Use of Weapon, Remorse, Rehabilitation, Plea Bargaining
Criminal Law Riot Sentence Parity Among Co Offenders Mitigating Factors Violent Fight at Airport Role of Offender Organisational Role +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

Farres Abounader

Offender

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 What is the appropriate sentence for riot under s 93B of the Crimes Act 1900?
  2. 2 How does the offender's organisational role and possession of a weapon affect culpability?
  3. 3 Are there mitigating factors such as prior good character, prospects of rehabilitation, and plea of guilty?

Ratio Decidendi

The sentence was imposed having regard to the offender’s organisational role in mobilising the Comancheros, his possession of a knife, his participation in violent conduct during the riot, and the seriousness of the offence occurring in a public airport terminal, balanced against mitigating factors including trivial criminal record, support from family, prospects of rehabilitation, a plea of guilty, and parity considerations among co-offenders.

Court Disposition

Conviction and imprisonment

Orders

  • Sentenced to 6 years imprisonment, non-parole period of 4 years, balance of term 2 years, sentence backdated to 24 December 2009, eligible for parole on 23 December 2013, sentence expires on 23 December 2015.
  • Suppression order: Non-publication of anything that would identify witnesses known as SP and AL.