Posted: 2024-11-29 02:15:53

Three Sydney men have been handed lengthy prison sentences for the "degrading and heinous" gang rape of three young women during a bucks weekend in Newcastle in 2022.

Maurice Hawell, 30, Andrew David, 30 and Marius Hawell, 22, were convicted by a jury on multiple counts of aggravated sexual assault in company, aggravated sexual touching in company and attempting to commit sexual assault in company in July.

In handing down their sentences today, Justice Gina O'Rourke described the offences as "serious, degrading and heinous".

"They are three highly-educated, intelligent, successful, professional young men who come from loving Christian families, who treat their own sisters, mothers and female partners with respect and love," Justice O'Rourke told the court.

"And yet on this weekend they were capable in a pack mentality of treating three young women in this cold, callous, degrading and criminal way."

'Each is responsible and liable'

The offences took place in an Airbnb apartment in Newcastle on February 25th and 26th during a bucks weekend for Maurice Hawell, which was attended by six other men.

The court heard the men assaulted two 18-year-old friends in the apartment on Friday the 25th after meeting them at the Cambridge Hotel.

A man wearing a suit, tie, scarf and sunglasses

Andrew David was sentenced to 13 years in jail. (ABC News: Ethan Rix)

In evidence presented to the jury, the court heard the two women had been drinking and one had consumed MDMA and both had initially agreed to consensual sex – one with Maurice Hawell who said his name was "Joseph" and one with another man present on the bucks weekend.

The court heard that after the consensual encounter, the two women went back into a bedroom to retrieve some belongings and were intending to rejoin their friends at the Cambridge Hotel when they were surrounded by a "swarm of men".

Justice O'Rourke described how the victims were unable to identify the men assaulting them and said they could only see "shadows and movements".

Justice O'Rourke found the three men engaged in a joint criminal enterprise to carry out the sexual assaults, knowing the victims were "not consenting or were reckless to that fact".

"No specific act can be attributed to a specific offender due to the darkness of the room and the subsequent inability of either victim to identify which male did each act," Justice O'Rourke said.

"But each is responsible and liable for the acts of the other."

Offenders 'callously objectified the victim'

The court heard a third women, aged 19, was approached by Maurice Hawell on Saturday the 26th and told her his name was "Jonathon".

The woman entered the apartment with Hawell, despite initially saying no and texting a friend saying "help me now".

The court heard the 19-year-old felt "scared and anxious" as she was pinned down and sexually assaulted by the three men.

In reading the facts to the court, Justice O'Rourke said the offenders "callously objectified the victim".

"She was pinned to the bed … she was in a vulnerable physical position and unable to move or speak," Justice O'Rourke said.

"All three men treated the victim as if she was an object to be sexually abused at their whim and their pleasure, not a young female person who deserved respect and kindness, no dignity was shown to her."

In sentencing, Justice O'Rourke noted none of the three men had prior convictions and were well-regarded by their families.

"The court is indeed perplexed as to why young men with previous good character, a high level of education, qualifications and family background would commit such serious offences on three young females in the way that they did," she said.

"On that weekend their actions and intentions were in stark contrast to how their mothers, wife, girlfriends and sisters have described them."

Maurice Hawell was sentenced to 14 years in prison with a non-parole period of eight years and six months.

Andrew David was sentenced to 13 years in prison with a non-parole period of seven years and nine months.

Marius Hawell was sentenced to nine years in prison with a non-parole period of five years and five months.

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