23 June 2015

DPP appeal dismissed in home invasion rape case

An appeal by the Director of Public Prosecutions of sentences imposed against two men who raped a mother and daughter in a home invasion has been dismissed by the Court of Appeal.

Andrew John Morris and Matthew Ernest Brooke both pleaded guilty to a number of sexual and other offences arising from the incident on 23 May 2013. Morris was sentenced in the County Court to 15 years’ imprisonment, with a minimum of 11 years; and Brooke was sentenced to 16 years and six months’ imprisonment with a minimum of 13 years.

DPP John Champion S.C. appealed the sentences on the ground they were manifestly inadequate, with the particulars including that the sentencing judge “failed to have sufficient regard to the aggravating features of the offending including multiple victims, home invasion in the middle of the night, the degree of planning and premeditation, the use of weapons, sedatives, restraints and disguises, a victim was known to the respondent, and the use of racial and violent taunts and threats”.

The Court of Appeal said they were appalling crimes, committed in an utterly vicious and callous manner. “If they fell short of the worst category of rape, they did so only by a relatively small margin,” the Court said.

The Court dismissed the appeal, ruling that in neither case was the sentence imposed wholly outside the range available to the learned sentencing judge. Read the full judgment here.
 

For further information contact:

Lisa Walker

03 9603 7493
0400 494 962