In a disquieting case of sexual assault, two men who raped a woman in a caravan after her refusal of a threesome proposition persist in showing an appalling lack of remorse, despite being found guilty twice, the court hears.
The Crown has petitioned an appeal against the sentences of the two assailants, Shaun Bloomfield and Luke Merryfull, over five months after they were released from the County Court of Victoria.
Initially imprisoned in 2019, their convictions were upturned the next year when fresh evidence came to light brought forward by a new witness. Having served time amounting to 522 days, the duo faced three retrials that eventually led a jury to find Bloomfield guilty of two rape charges, and a sexual assault count. Merryfull was found guilty of a single rape charge in August of the preceding year.
Later in April, Bloomfield faced a verdict that sentenced him to time served along with a three-year community corrections order and an obligation of 300 hours of community service. On the other hand, Merryfull was handed down a sentence of time served, a two-year community corrections order, and 200 hours of community service.
As per the court proceedings, both men were found guilty of raping a woman during a birthday gathering near Balmoral in Victoria’s Western District in April 2016. During the said evening, Merryfull introduced the idea of a threesome to the woman and Bloomfield when they were all inside a caravan. The woman, clamoring for sleep, dramatically refused the outrageous proposition. Consequentially, she was violated by Bloomfield before Merryfull stepped in to sexually assault her. Following the horrific act, Merryfull simply exited the caravan and muttered to Bloomfield, “she’s all yours now,” to encourage a further assault.
Despite the horrendous ordeal, both men upheld the argument that the incident was consensual.
In an appeal hearing led by Victoria’s Court of Appeal, the Crown lawyer Brendan Kissane KC noted that the convicts never demonstrated any form of remorse. While Merryfull’s attorney emphasized his client’s newfound understanding of his actions, Bloomfield’s lawyer claimed his client’s right to assert innocence and showed no tendencies to commit a similar crime in the future, the court was informed.
Neither party was observed to have demonstrated indications towards rehabilitation, according to Mr. Kissane. He also noted no remorse from either party and a disconcerting absence of accountability.
As the case progressed, three appeal judges, Justice Karin Emerton, Justice Cameron Macaulay, and Justice Lesley Taylor, adjourned the session and reserved their final verdict. The judge panel is expected to deliberate for several weeks before pronouncing the decision.
