Lawyers in move to fight riot sentences
LAWYERS of juvenile offenders involved in a major riot at Cleveland Youth Detention Centre are trying to appeal their sentences, saying that they are excessive.
Eight of the youths who took part in the riot were represented yesterday in the Court of Appeal, sitting in Townsville.
The riot took place in November 2016 and saw prisoners climb on to the roof of the detention centre
One worker, Grant Oaklands, received a serious eye injury after being hit by a rock, with grievous bodily harm added to the rioting charges as an aggravating circumstance.
Defence barrister Simon Hamlyn- Harris, acting for one of the offenders, said his client “like probably all the others felt enormous pressure to continue his participation” in the group behaviour.
He submitted that the twoand- a- half year sentence his client received for the charge was excessive and two years would have been appropriate.
Lawyers, including defence barrister James Benjamin, also argued that it was manifestly excessive to record a conviction.
“Essentially given his relatively limited involvement and that the fact he is unable to be identified specifically in doing anything from the start to the finish … the sentence of two- and- a- half years with a conviction recorded is manifestly excessive and a shorter sentence is open,” Mr Benjamin said. “If the court does not consider that the head sentence of two- and- a- half years’ detention in and of itself was manifestly excessive, an alternative submission is the recording of a conviction in and of itself is so given that the starting pos- ition for recording convictions under the Youth Justice Act is that convictions not be recorded.”
Queensland’s Director of Public Prosecutions Michael Byrne, QC, said no two offenders were alike and different factors came into play in each sentence.
“It can be seen in the end result that the sentencing judge … imposed a three- year term on ( one offender), two years and nine months on ( another two).
“They were seen to be instigators, ringleaders if you like … many of the sentences resulted in two- and- a- half years or at least a starting point of twoand- a- half years.
“In some instances there were further reductions because of mental illness, low IQ scales … and the like. His Honour took into account all of the appropriate matters in each of the instances.”
Mr Byrne said a conviction was not recorded in every case.
Justice Anthea Phillipides, Justice Hugh Fraser and Justice James Henry have reserved their decision on whether the appeal will be allowed.