R v Abounader [2012] NSWSC 1312

Supreme Court New South Wales

Medium Neutral Citation: R v Abounader [2012] NSWSC 1312 Hearing dates: 24 August; 26 October 2012 Decision date: 26 October 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Sentenced to imprisonment for 6 years with a non-parole period of 4 years Catchwords: CRIMINAL LAW - sentence - riot - violent fight between rival bikie gang members at airport - serious example of offence - negotiated plea after acquittal for murder and no verdict on manslaughter - parity with co-offenders Legislation Cited: Crimes Act 1900 Cases Cited: R v Eken; R v Potrus [2012] NSWSC 2 R v Kisacanin [2012] NSWSC 91 Category: Sentence Parties: Regina Farres Abounader Representation: Counsel: Mr M Hobart SC (Crown) Mr J Trevallion (Offender) Solicitors: Solicitor for Public Prosecutions Archbold Legal Solutions File Number(s): 2009/64354 Publication restriction: Non-publication of anything that would identify witnesses known as SP and AL

Judgment 1HIS HONOUR: The offender, Farres Abounader, has pleaded guilty to riot. This is an offence against s 93B of the Crimes Act 1900 for which there is a maximum penalty of 15 years imprisonment. 2On 22 March 2009 he was involved a violent brawl between members of rival motorcycle gangs, the Comancheros and the Hells Angels, in the departure hall of Terminal 3 at Sydney Kingsford-Smith Airport. The clash left one man, Anthony Zervas, dead and 14 others have since been sentenced for various offences arising out of the events. Some of the participants were not actually members of either gang but were either nominee members or associates of members. However, for convenience, I will refer to people as being a member of one or the other. 3The offender was arrested on 3 July 2009 and charged with riot. He was refused bail, and subsequently charged with murder on 12 August 2009. He pleaded not guilty to both offences and was committed to stand trial. 4The 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. The offender was acquitted of murder and the jury were unable to agree on a verdict on the alternative charge of manslaughter. No verdict was taken on the further alternative charge of riot. 5On 2 December 2011 the offender appeared before the criminal list judge when a indictment alleging simply manslaughter was presented. He was arraigned and entered a plea of not guilty. The matter was listed for trial on 3 September 2012. On 8 March 2012 he applied for bail which was granted, subject to certain conditions. He entered that bail on 4 May 2012 and was then released. 6On 24 August 2012 the offender was arraigned upon an indictment that now alleged simply riot and he entered a plea of guilty; the Crown had resolved to take no further proceedings in respect of the charge of manslaughter.