Police allege between 50 and 80 people were at a party in Chester Road, Ingleburn, on Friday night when a fight broke out. Police have been reviewing video footage of the incident that has been circulating on social media. A high number of police attended the scene, including the Public Order and Riot Squad, the Dog Unit, Police Rescue, Police Transport Command, and officers from other South-West Metropolitan Region Police Area Commands.
THE STORY
“Obviously with 50 to 80 people in the location it was a volatile situation,” Detective Chief Inspector Moroney said.
Police seized several weapons at the scene for forensic examination, including a baseball bat, golf club, wooden and metal poles. The crowd quickly dispersed after police arrived, but 18-year-old Alex Ioane was found unconscious at the scene, suffering serious head injuries. He was treated by paramedics and rushed to Liverpool Hospital, where he was later pronounced dead.
It is reported that two men, 17 and 18, have been charged with his murder, after finding he had serious head injuries. The brawl spilled out onto the street from the home where the party was held. Weapons found include a baseball bat, gold club, wooden and metal poles. These have been seized for forensic examination in relation to the crime scenes that were established shortly after.
Moroney has stated “Obviously this is a very tragic set of circumstances, a young 18-year-old boy who goes out for the evening and has been killed in such a brutal manner.”
The two suspects that were arrested appeared in Court yesterday where they were refused bail, while the juvenile appeared at Campbelltown Children’s Court. A search warrant was also executed at a home in Campbelltown, where several items were seized.
Inquiries into the incident continue.
Isoa Rabuatoka, 19, was also arrested at the party after he allegedly fled from officers and broke into a nearby unit. He was charged with destroy or damage property and enter prescribed premises of any person without lawful excuse and faced Parramatta Bail Court two days ago.
There is no suggestion Rabuatoka was involved in the murder and his charge relates only to the break-and-enter of a neighbour’s unit during the party.
He was refused bail, with the matter adjourned until May 29 when it will be heard at Campbelltown Local Court.
THE LAW
AFFRAY
The criminal offence of affray is outlined in section 93C of the Crimes Act 1900 (NSW). It states:
- A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for (a maximum) of 10 years.
- If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
- A threat cannot be made by using words alone.
- No person of reasonable firmness need actually be, or be likely to be, present at the scene.
- Affray may be committed in private as well as in public places.
Some examples of affray include, getting into a fight in a public place such as a nightclub or a bar; partaking in road rage; taking part in a violent public demonstration; and/or a two-sided brawl. Clearly, the offence of affray took place at this house party where a brawl broke out. To read up more on affray, click here.
MURDER
Murder is one of the most serious crimes a person can be charged with. It involves causing the death of a person with either reckless indifference to human life, or the intent to kill or inflict grievous bodily harm upon some person. It is addressed in section 18 of the Crimes Act and has a maximum penalty of imprisonment for life or for 25 years. This provision excludes acts or omissions which were not malicious, or for which an accused had lawful cause or excuse. It also states that no punishment shall be incurred by a person who kills another by misfortune only. To learn more about murder, read our dedicated page here. We have published numerous articles on this type of offence. Our most recent article on murder can be found here. This was an unusual matter where a woman manipulated someone else to commit murder for her.
DESTROY OR DAMAGE PROPERTY
Section 195 of the Crimes Act addresses destroying or damaging property. An offence such as this carries a maximum penalty of 12 years’ imprisonment if the damage was caused by means of fire or explosive, and this offending occurred during a public disorder. Without fire or explosives, an offender can be sentenced to imprisonment for a maximum of 7 years.
Sometimes the elements of Destroying or Damaging Property can be established however there also may exist a defence at law. Some of the possible defences available for those charged with Destroying or Damaging Property can include:
- Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”
- Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-“Necessity”.
- Self-defence – If you were defending yourself or another OR yours or another’s property you may have a Defence of “Self-Defence”
To find out more about this offence, read about it here.
ENTER PRESCRIBED PREMISES WITHOUT LAWFUL EXCUSE
Another applicable charge in this serious case is the property offence of unlawful entry into a premises, otherwise known as ‘break and enter’ as per section 112 of the Act. Anyone found guilty of this offence is liable to imprisonment for a maximum of 14 years. This is if they break and enter into a dwelling-house or other building and commit any serious indictable offence. However, there are a number of break of enter offences in NSW. They include:
- break out of a dwelling-house after committing, or enter with intent to commit, an indictable offence (s 109, maximum penalty 14 years)
- break enter and assault with intent to murder (s 110, maximum penalty 25 years)
- enter a dwelling house with intent to commit a serious indictable offence (s 111, maximum penalty 10 years)
- break, enter and commit a serious indictable offence (s 112, maximum penalty 14 years)
- break and enter with intent to commit a serious indictable offence (s 113, maximum penalty 10 years)
- being armed with intent to commit an indictable offence (s 114, maximum penalty 7 years), and
- being a convicted offender armed with intent to commit an indictable offence (s 115, maximum penalty 10 years).
To learn more about these offences, click here.