Motorbike rider who did burnout during Newcastle riot jailed

Mark Distefano has been sentenced to 12 months in jail with a non-parole period of seven months for his role in a riot that caused chaos and unrest in suburban Newcastle earlier this year.

Back in June, 200 people gathered at a Mayfield park for a merchandise and cash giveaway event for clothing brand Bad Apples.

The event quickly descended into chaos with police alleging between 30 and 40 riders took over surrounding streets and parkland on unregistered trail bikes, taunting police and tearing up the park.

Distefano, 25, was among the first arrested after the event and was charged with a total of seven offences, including riot.

The 25-year-old pleaded guilty to seven offences in July, and police agreed to drop charges of use violence to cause fear and goods in custody suspected of being stolen.

According to police facts tendered to the court, Distefano was seen "deliberately completing a burnout" and spinning his back wheel, causing significant damage to the parkland.

The total damage to the parkland is estimated to cost about $5,000.

It was alleged Distefano, along with a group of other riders, engaged in aggressive behaviour towards police and members of the public.

The police facts say the riders' aggressive actions and dangerous driving were the "root cause" of a brawl that required police to deploy capsicum spray.

The defence said that by riding his motorbike, Distefano may have been an instigator of the brawl but said he did not take part in the violence.

After the incident, Distefano was tracked by PolAir for 13 kilometres as he rode through the streets of Newcastle, running multiple red lights and veering onto the wrong side of the road, forcing oncoming traffic to stop.

He did not hold a valid rider's or motor vehicle licence. 

No remorse

Distefano's lawyer told the court his client's pleas were "pleas of convenience" and he showed "no insight or remorse" for the offending.

The lawyer said Distefano was "staring down the barrel" of a lengthy prison sentence and sought a 25 per cent sentence reduction for his early guilty pleas, which was granted.

He said Distefano was "ready to close this chapter in his life" and focus on being there for his young family.

During sentencing, Judge Georgina Darcy noted the rarity of riot charges being brought before the local court, with only 44 cases dealt with in the past four years.

"In eight years on the bench I don't think I've ever sentenced anyone for riot before," Judge Darcy told the courtroom.

Judge Darcy noted Distefano's lengthy criminal history and told the court he had been assessed as having a medium to high risk of reoffending.

"Your record does not assist you, even at your relatively young age it runs for nearly 50 pages," she said.

"Certainly not a good criminal history."

Distefano's 12-month prison sentence was backdated to his arrest in June, meaning he would be eligible for parole in mid-January.