'Lenient' sentences upheld for pair convicted of rape

Two men who avoided more jail time after they were twice found guilty of raping a young woman will not have their sentences changed.

Prosecutors appealed the community corrections orders handed down to Shaun Bloomfield and Luke Merryfull in April, arguing they were manifestly inadequate.

But the Victorian Court of Appeal on Friday found while the sentences were "undoubtedly very lenient", the sentencing judge did not make an error of law.

Bloomfield and Merryfull were first found guilty in 2019 of raping the woman after a 21st birthday party in Balmoral in western Victoria.

Most of the young people at the April 2016 party had been drinking, and the woman was ready to sleep in the caravan when Bloomfield and Merryfull assaulted her.

She had trusted the men, considering them long-term friends, and repeatedly told them "no" when they advanced on her. 

They took turns raping her, with Merryfull telling Bloomfield, "she's all yours now". 

Bloomfield was jailed for five years and eight months after the first trial, while Merryfull was sentenced to four years and 10 months behind bars.

Their convictions were quashed by the Court of Appeal and a retrial was ordered, with both released from custody after about 19 months.

They were then convicted again in August last year, with County Court Judge David Brookes re-sentencing them in April.

Merryfull received time served with a two-year community corrections order, which included 200 hours of community service.

Bloomfield was also sentenced to time served but with a longer corrections order of three years and 300 hours of community service.

The Director of Public Prosecutions filed an appeal against their sentences but the court determined none of the grounds were made out and the appeal was dismissed.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

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