Three New South Wales men have had their convictions for the gang rape of three teenagers during a bucks party weekend quashed by the Court of Criminal Appeal. Two of the men will now face a retrial, while the third has been acquitted and released from prison.
Appeal Court Overturns Jury Verdicts
Maurice Hawell, 31, his brother Marius, 24, and Andrew David, 31, saw their guilty verdicts overturned on Monday after a panel of judges upheld their appeals. The trio had been found guilty in 2024 following a joint trial that lasted nearly four weeks, relating to the sexual assault of three women. However, their legal teams successfully argued that the trial judge made significant errors in her directions to the jury, potentially leading to unreasonable verdicts.
Justice Belinda Rigg presided over the appeal outcome, ordering that Maurice Hawell and Andrew David must face a retrial in the NSW District Court. In a decisive move, the court dismissed the convictions against Marius Hawell entirely, entering verdicts of acquittal in their place. This ruling means Marius Hawell can be released from custody immediately.
Legal Arguments and Sentencing Overturned
During the appeal hearing in August, barristers for the men contended that the judge's instructions may have led the jury to misinterpret the defendants' state of mind. Tim Game SC, representing the appellants, suggested the evidence might have been wrongly seen as indicative of a "shared job" or collective intent, unfairly painting consensual acts in a sinister light.
"It has a sinister element because it turns consensual sex into the threat of non-consensual sex and there’s absolutely nothing to support that proposition," David's barrister told the court. The original sentences were substantial: Maurice Hawell had been jailed for 14 years, David for 13 years, and Marius Hawell for nine years. These sentences are now void following the appeal court's decision.
Next Steps in the Legal Process
The two men who will be retried, Maurice Hawell and Andrew David, are scheduled to return to the NSW District Court on December 12. The legal process will begin anew for them, while Marius Hawell's case has reached its conclusion with his acquittal.
This case highlights the complexities of joint trials and the critical importance of precise judicial direction to juries in serious sexual offence cases. The outcome underscores the appellate system's role in reviewing potential miscarriages of justice, even in convictions for grave crimes.
