Men sentenced over Balmoral caravan rape

Shaun Bloomfield and Luke Merryfull, both 28, were last year found guilty by majority verdict of raping the woman at a rural property north of Hamilton in April 2016.

Bloomfield was also found guilty of sexually assaulting the victim.

It was the second time the pair had been found guilty of the crime after their initial conviction was overturned on appeal when a witness came forward with new evidence the day after they were jailed in 2019.

They were sentenced at the time to four years and 10 months' jail with a non-parole period of two years, 10 months.

They spent 588 days in custody on remand before their conviction was overturned on appeal and they were released back into the community on bail.

Two subsequent retrials were abandoned due to the COVID-19 pandemic and a juror doing their own research.

In the Melbourne County Court on Wednesday, April 12, Judge David Brookes said the pair had been found suitable for a community correction order and he would not impose any further jail time.

He jailed the two men for the 19 months they'd already served in custody on remand, stating it had been an onerous experience due to COVID-19-related lockdowns and the suspension of visitors.

Judge Brookes said it was accepted the men had faced significant delays in learning their fate, with four trials, two verdicts and an appeal outcome, and that had caused them anxiety.

He said the impact on the victim and her family had also been considerable and the delays made it difficult for her to think about her future.

The court heard Merryfull, Bloomfield and the victim were celebrating a mutual friend's 21^st birthday party on April 2, 2016, at a Balmoral property where crowds of people were drinking long into the night.

The victim went to go to sleep in a caravan at the property when the two men got into bed either side of her.

Merryfull suggested they engage in a threesome, which the victim "clearly rejected", Judge Brookes said.

He said the victim repeated "no" to the men who proceeded to rape her inside the caravan.

The court heard after the rape, Merryfull told Bloomfield in words to the effect of "she's all yours now".

Judge Brookes said Merryfull's words were concerning and showed "a certain degree of callousness towards the victim as merely an object for each of you".

He said when Merryfull left the caravan, Bloomfield proceeded to rape the victim until she pushed him in the chest, causing him to "wake up to (him)self and get off".

The court heard the men then left the party where the victim was left in considerable distress and called a friend.

Referring to the victim's impact statement, the judge said she wrote of continual feelings of hurt, anger, sadness and confusion towards the offending.

He said she suffered long depressive episodes through 2017, found it difficult to eat or leave the house, and required ongoing assistance from a psychologist.

He said the victim's mother was grieving the loss of her daughter, who was once the life of the party and now rarely went out, and never by herself.

Judge Brookes said the men's moral culpability was high as they were friends of the victim, who was entitled to safely enjoy the birthday party.

"To be sexually violated and raped by two men who she trusted is a grave thing," he said.

"The crimes are serious examples of rape by a known acquaintance."

The court heard the men had maintained their innocence in the seven years since the offending and had not demonstrated remorse for their crimes, although Merryfull told a corrections officer he acknowledged the seriousness of the crime.

Judge Brookes said the court had received glowing character references and that Bloomfield had saved two people from drowning near Port Fairy two years prior to raping his friend, and that was a "factor" in sentencing.

The men were placed on community correction orders.

Merryfull's order will run for two years and involves 200 hours of unpaid community work.

Bloomfield will be on the order for three years and he must do 300 hours of unpaid work.

The pair must undergo mental health treatment and other offending behaviour programs.

During sentencing, Judge Brookes referred to remarks made by Judge Gerard Mullaly who sentenced the men back in 2019.

Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800RESPECT 1800 737 732

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