R v Defendant

This case involved the sentencing of a defendant for two counts: common law riot and throwing a petrol bomb. The court had to consider various aggravating and mitigating factors in determining the appropriate sentence.

TLDR:

• Defendant pleaded guilty to common law riot and throwing a petrol bomb.
• The incident occurred during a police operation in Kilwilkie estate, Lurgan.
• Aggravating factors included planning and targeting police officers.
• Mitigating factors included the defendant's minimal criminal record and remorse.
• The court imposed a determinate custodial sentence of five years and three months.

The defendant was arraigned on 11 October 2021 and initially pleaded not guilty. However, on 24 October 2022, the date of his non-jury trial, he entered guilty pleas to both counts and requested that his bail be revoked. He had been in custody since that date.

The offences related to an incident on 23 August 2020 in Kilwilkie estate, Lurgan. Police had been present in the area since 8.00am dealing with a suspect device. A hostile crowd began to form, and neighborhood police were deployed to explain the police presence. Between 2.15pm and 3.06pm, there were four petrol bomb attacks aimed at police, with the defendant involved in the third attack.

The defendant was identified through a comparison of clothing worn during the attack and when he was stopped by police the following morning. He made no comment during the interview regarding the footage of the attack. Aggravating factors included the defendant's participation in a group involved in multiple petrol bomb attacks, planning, and targeting police officers.

Under Section 24 of the Counter-Terrorism and Sentencing Act 2021, the court considered whether the offence had a terrorist connection but determined that it did not. Mitigating factors included the defendant's late guilty plea, minimal criminal record, good work history, and the impact on his family. The court also considered the delay in the case coming to trial and sentencing.

The court referred to guideline authorities, including Att-Gen's Ref (Nos. 13, 14 & 15 of 2013) and R v Najeeb, to determine the appropriate sentence. The court emphasized the need for deterrent sentences in cases of public disorder and considered the seriousness of petrol bomb attacks.

The prosecution submitted that the case fell within the second category identified in Najeeb, with a starting point of eight years. The defence argued for a lower starting point, considering the defendant's circumstances. The court ultimately decided on a starting point of seven years, reducing the sentence by 25% for the guilty plea.

The final sentence imposed was a determinate custodial sentence of five years and three months, divided equally between custody and licence.