R v Sidaros (No 6)

The case of R v Sidaros (No 6) was heard in the Supreme Court of the Australian Capital Territory, presided over by Mossop J. The defendant, Axel Sidaros, was found guilty of multiple serious offences, including intentionally inflicting grievous bodily harm, attempted arson with intent to endanger life, aggravated burglary, arson, an act endangering life, and dishonestly riding in a motor vehicle without consent. These offences were committed within the context of the activities of an outlaw motorcycle gang. The defendant was sentenced following a retrial, after his previous convictions were quashed by the Court of Appeal. The court was tasked with determining the appropriate sentences for the defendant’s convictions, taking into account the principles of sentencing and the objective and subjective circumstances of the case.

The court assessed the objective seriousness of each offence, noting that they were all part of a coordinated attack motivated by gang-related retribution. The attempted murder charge, which was not sustained in the retrial, had previously influenced the sentencing considerations. Given the similarities in facts and the principle that an offender should not be worse off after a successful appeal, the court decided that the previous sentences should not be exceeded. The court did, however, adjust the sentences to reflect the absence of the attempted murder charge and to address the issue of totality through concurrency. The defendant was also convicted and sentenced for a transfer charge of failing to properly store ammunition. The court imposed a reparation order for the offence of arson, reflecting the harm caused to the victim. The final sentences resulted in a head sentence of nine years and nine months, with a non-parole period of five years and six months.