Alleged Holtze prison rioter sentenced to three months behind bars after spitting at guards

An alleged rioter from last May’s Holtze Prison riot has been sentenced to three months behind bars for spitting on two prison guards.

AN ALLEGED rioter from last May’s Holtze Prison riot has been sentenced to three months behind bars for spitting on two prison guards after trashing his high security call.

Jake Kenyon, 21, pleaded guilty to two charges of assault on workers and has been sentenced to three months jail backdated to January 25.

Defence lawyer James Stuchbery told the court on September 5 last year his client had spat on two prison guards who had transferred Kenyon from one maximum security cell to another after he broke a fan, because Kenyon said he wanted “to get it over and done with”.

“He’s been placed in a secure hold, put into his new cell, stripped naked and effectively thrown into the door, he’s rectified by spitting,” Mr Stuchbery said.

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“It’s all rather a mess, Your Honour, spitting on an officer cannot be tolerated and he accepts that.”

Mr Stuchbery said his client had struggled in maximum security, where he had been since his involvement in the riots as part of his Intensive Management Plan (IMP).

Under the IMP Kenyon was allowed just 15 minutes out of his cell each day.

“As a result of that Mr Kenyon, felt rightly or wrongly, he was being subjected to unfair treatment,” Mr Stuchbery said. “As part of IMP conditions, he was frustrated at the amount of time in his cell, the conditions or lack of freedom to move.

“He’s become frustrated and damaged property in his cell.”

Acting Judge Richard Wallace said the act of spitting was not to be tolerated, particularly to those working at their daily workplace.

“Those officers were affected in a way perhaps worse than being physically struck,” he said.

“For anyone being spat on – it’s disgusting, ghastly and defiling experience, (it) can leave you feeling grubby.

“In the past few decades it’s become more frightening because we’ve learnt it can carry disease.”

Mr Wallace said Kenyon had been caught up in the system after his alleged involvement in the riot but he still needed to be held accountable for the assault charges.

“It sounds to me like you got involved in those riots out of high spirituous,” he said.

“As a result of your part in the riot you were kept under extremely oppressive conditions for any prisoner anywhere really.

“(It’s) hard enough for anybody … harder still for someone who’s young like you.

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“Ordinarily if you spit on police … a sentence of three months is normal and seems to be appropriate in these circumstances.”

Kenyon was due to be released and will complete his cumulative sentence on April 25. However, he faces charges for damage to property in a riot, escaping lawful confinement, taking part in a riot and escaping from lawful custody relating to the Holtze prison riot, which will be heard later this month.

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Originally published as Alleged Holtze prison rioter sentenced to three months behind bars after spitting at guards