Attwater v R; Maris v R

The appellants, Attwater and Maris, were convicted in the Supreme Court of New South Wales of various serious offences, including aggravated sexual assault and manslaughter, and they appealed against both their convictions and sentences. The trial was a joint one, involving complex and graphic evidence, particularly concerning the aggravated sexual assault and the subsequent death of the victim. The appellants raised several grounds of appeal, including claims of error in the jury directions and the sufficiency of the evidence to support the convictions. Additionally, they contested the sentences imposed, arguing that the trial judge had erred in various respects, including the assessment of mitigating factors and the overall seriousness of the crimes.

The court examined whether the trial judge had correctly directed the jury on the use of evidence regarding lies told by the appellants and whether the convictions were supported by the evidence. The court considered whether any error in the jury directions could have affected the outcome of the trial. Additionally, the court assessed the appellants' claims concerning the findings of fact related to the level of intoxication of the complainant, the absence of planning in the crimes, and the assessment of the seriousness of the offences. The court also reviewed the trial judge's consideration of delay as a mitigating feature, the impact of extra-curial punishment, the relevance of post-offending conduct, and the prospects of rehabilitation.

The court found that no error had occurred in the jury directions, and the convictions were well supported by the evidence. The court upheld the convictions, noting that the evidence was sufficient to establish the crimes beyond reasonable doubt. Regarding the sentences, the court determined that while some errors were present in the trial judge's assessment, these did not amount to a manifest excess. The court concluded that the sentences were appropriate given the gravity of the offences and the need for deterrence and denunciation. The appeal against both conviction and sentence was dismissed.

The final orders of the court were that the appeals against conviction and sentence were dismissed, and the original convictions and sentences were affirmed. The appellants remained convicted and sentenced as per the original judgments of the Supreme Court of New South Wales.