Two men twice convicted of raping and sexually assaulting a woman at a party in regional Victoria seven years ago have been spared further prison time, and will instead serve community corrections orders.
Following a retrial last year, Shaun Bloomfield, of Horsham, and Luke Merryfull, of Geelong, both 28, were sentenced for the rape today in the Melbourne County Court.
Merryfull will serve a two-year community corrections order (CCO) with 200 hours of unpaid work, and Bloomfield a three-year CCO with 300 hours of unpaid work.
The men raped a young woman in a caravan at a party near Balmoral, south of Horsham in western Victoria, in April 2016.
The pair's initial convictions were overturned on appeal after a witness came forward with new evidence the day after the men were jailed in April 2019.
Bloomfield and Merryfull each spent 522 days in prison before the Court of Appeal overturned their convictions in September 2020.
The case then went to several retrials before the men were convicted for the second time in August last year, after pleading not guilty to the charges against them.
'Significant' mitigating factors
Before the hearing, Bloomfield and Merryfull shook hands before stepping into the courtroom to learn their fate.
As they sat next to each other in the dock, they were supported by about 25 family and friends, many of whom had travelled from regional Victoria.
Only the prosecutor and the police informant were in the courtroom to represent the victim, who now lives interstate.
In sentencing, Judge David Brookes noted it had been more than seven years since the incident for which the men had been twice found guilty.
Two subsequent retrial attempts failed in 2022 — one in Ballarat was abandoned due to COVID-19, and a second in Bendigo was abandoned after a juror conducted their own research on the case.
A third retrial in Melbourne successfully reached a verdict in August last year.
'Appalling behaviour'
Some supporters of the men became emotional as Judge Brookes read out details of the offending and the subsequent legal process.
Some started crying with joy when it became clear he would not sentence the men to further prison time, despite describing the rapes they committed as "appalling behaviour".
Bloomfield covered his face with his hands and exhaled deeply after learning his fate.
"In my view, this is one of there rare cases where ordinary members of the community would not expect further prison to be imposed in either case," Judge Brookes said.
"Both offenders have demonstrated significant rehabilitation … such that I am satisfied that neither of you is at risk of reoffending.
"Deterrence does not loom large, as both of you have gone through the salutary experience of commencing four trials and a Court of Appeal outcome."
Judge Brookes agreed with the prosecution that it was "concerning" that neither man had accepted their guilt over the offending.
But he said their good character references, and their stable employment since charged, were "significant measures to be weighed in the balance".
Judge Brookes also told the court Merryfull had shown some empathy towards the victim while being assessed for suitability for a CCO but Bloomfield had not.
Bloomfield and Merryfull made no comment as they left the court.
