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

Supreme Court New South Wales

Medium Neutral Citation: R v Eken; R v Potrus [2012] NSWSC 2 Hearing dates: 17 November 2011 Decision date: 09 January 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Each offender convicted and sentenced to imprisonment for 5 years with a non-parole period of 3 years Catchwords: CRIMINAL LAW - sentence - riot - violent fight between rival bikie gang members at airport - serious offence but not worst case category - conviction after protracted trial - acquittal for murder and manslaughter - offers to plead guilty rejected by prosecution - deterrence - special circumstances - parity with co-offenders Legislation Cited: Crimes Act 1900 Cases Cited: R v Aouli [2011] NSWSC 1393 R v Costa [2011] NSWSC 1392 R v La Rosa [2011] NSWSC 1394 R v Pirini [2011] NSWSC 1395 Category: Sentence Parties: Regina Ishmail Eken Usama Potrus Representation: Ms N Adams with Ms H Roberts (Crown) Mr P Young SC (Eken) Mr R Driels (Potrus) Solicitor for Public Prosecutions Purcell Felton Lawyers (Eken) Barakat Lawyers (Potrus) File Number(s): 2009/60143; 2009/157332 2009/58679 Publication restriction: Non-publication of anything that would identify witnesses known as SP and AL

Judgment 1HIS HONOUR: Ishmail Eken was found by a jury to be not guilty of murder and manslaughter but guilty of riot. This is an offence against s 93B Crimes Act 1900 for which there is prescribed a maximum penalty of imprisonment for 15 years. He was also acquitted of a separate charge of affray which was alleged to have occurred shortly before the riot. 2Usama Potrus was also found not guilty of murder and manslaughter but guilty of riot. He was not charged with the affray. 3The trial commenced with empanelment of the jury on 24 May 2011. There were seven accused. The jury retired on 29 September 2011 and returned its verdicts on 2 November 2011.