Claims jury who convicted the bucks party gang rapists could have been misled by ‘sinister’ confusion rejected
Warning: Boring content.
A Bucks Party was sentenced to a group of men who raped three young people during the weekend by a jury misleaded by a “ominous” confusion.
However, this argument was shot by a prosecutor who claimed that a jury misunderstood the term “consent or without consent”.
31 -year -old Maurice Hawell, 31 -year -old Andrew David and 24 -year -old Marius Hawell raped two 18 -year -old friends on Maurice’s Bucks Party Weekend in Airbnb in Newcastle in February 2022.
The next night they raped a 19 -year -old girl.
Men were found guilty of joining a joint crime business (JCE) to sexually assault women after a hearing at the NSW Regional Court last July.
All three men were imprisoned and retained their innocence.
David and Maurice launched struggles against convictions in the NSW Criminal Court of Criminal Appeal, and Marius opposes both his conviction and his punishment.
David’s lawyer Tim Game SC announced on Thursday that the jury could be confused about how the jury will seek the “mind status” of men in search of group sex within two days.
His argument depends on the use of the words “without consent ız used in terms of sexual touch, sexual intercourse, activity or attack for JCE.
“It really ended clearly without approval or consent, and it’s hard to know what it means,” Mr. Game said to the court.
“There may be 100 percent agreement in theory … There is an ominous element, because consent transforms gender into non -consent sex threats and there is absolutely nothing to support this proposal.”
He said that if the defendants mean that they would be “ready to have sexual intercourse without consent and ready to have sexual intercourse without consent and will be willing and willing,” he would be “really harm”.
However, the crown prosecutor Brett Hatfield said that only non -consent actions were attributed to JCE.
Similarly, for David, lawyers claimed that the instructions about JCE were confusing, Mr. Hatfield rejected the proposals that the jury may have believed that they could convict the jury based on consent -based sexual actions.
Hatfield, in his statement to the court, “as a whole, looking at the instructions, the jury (on an agreement -based gender on an agreement) may have thought that they might have thought that they might have thought that they might have thought that they could be convicted,” he said.
The reliability of young people was questioned before, although Mr. Hatfield said that one of the girls felt that he had to enjoy him, it was not a “manifestation ..
“What could he do when someone was kneeling on his shoulders, when he pretended to enjoy it?” Hatfield said.
“He cannot move in a way that makes himself easier, and this is not given to him, but he cannot do anything actively … He doesn’t even know who did it to him.”
He also answered why he might have lied in his first police statement when he said that he gave his young age to his young age.
Mr. Hatfield also claimed that the young person had no opportunity to consent, but Maurice’s lawyer Gabrielle Bashir SC said it was “wrong”.
Bashir, “And then in the room,… Our client (Maurice) gave evidence in terms of showing consent, and even if he is on his shoulders, he may have body movements,” he said.
David and Maurice also claim that the direction of the crown’s jury to reject the evidence of a trial witness leads to low justice, and each of the three men sets out for a few other appeals.
All three of them ran to court on Friday for the second and last day of the appeal hearing.
Many of his loved ones entered the courtroom for both days.
Stephen Free, Peter Hamill and Belinda Rigg of Justice hid their decisions to be distributed at a later date.
Maurice Hawell was sentenced to a maximum of 14 years of imprisonment for eight years and six -month parole.
Marius Hawell was sentenced to nine years in prison for a five -year -five -month parole.
David was sentenced to a period of seven years and nine months without parole and was sentenced to 13 years in prison.
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