04 April 2016

Rape sentences nearly doubled on appeal

The prison sentences of two men found guilty of the multiple rape of a 14-year-old girl have been nearly doubled following a successful appeal by the Director of Public Prosecutions John Champion S.C.

The Court of Appeal today increased Daniel Miftode's original sentence of six years and nine months' imprisonment (with a non-parole period of four years and three months) to 12 years and two months' imprisonment (with a non-parole period of eight years and nine months).

Ross Jurj's original sentence of five years and five months (with a non-parole period of three years and seven months) was increased to nine years and six months (with a non-parole period of six years and six months).

Miftode and Jurj were convicted, following a trial, of multiple charges of rape against a 14-year-old girl in a Hallam factory in the early hours of April 2009.

The Court of Appeal, in its ruling, described the offending as "particularly grave", citing the prolonged nature of the offending; that each offender acted with the support and encouragement of the other; and that the victim's obvious distress and pleas for them to stop were ignored.

"They treated her not as a person deserving of respect but as a chattel, a thing to be used for their sexual gratification in whatever way it suited them," the Court of Appeal said.

Mr Champion lodged the appeal against the sentences on the basis they were manifestly inadequate.

The Court of Appeal today allowed the Director's appeal and dismissed applications by the two offenders for leave to appeal against conviction.

For further information contact:

Lisa Walker

03 9603 7493
0400 494 962