Predator jailed for 14 years for raping his girlfriend, 33, so violently that she bled to death on a remote beach claims he is innocent as he appeals his conviction
The boyfriend of a woman who bled to death on a remote beach after a violent sexual assault was the victim of a miscarriage of justice, NSW appeal court judges have been told.
Adrian Attwater, now 46, was jailed for at least 14 years and three months after being found guilty in 2017 of the manslaughter and aggravated sexual assault of Lynette Daley.
The 33-year-old woman died from injuries sustained on a drunken 2011 Australia Day camping trip to Ten Mile Beach near the NSW town of Iluka.
Lynette Daley died from injuries sustained on a drunken 2011 Australia Day camping trip to Ten Mile Beach near the NSW town of Iluka
Attwater’s friend, Paul Maris, now 50, was jailed for at least nine years after the NSW Supreme Court jury found him guilty of aggravated sexual assault and hindering the discovery of evidence.
The jury was told Attwater and a very drunk Ms Daley got on a mattress in the back of Maris’s troop carrier where he ‘repeatedly and vigorously’ sexually assaulted her.
Maris joined in a sex act, at Attwater’s invitation.
Both men are challenging their convictions and sentences in the NSW Court of Criminal Appeal, which began a three-day hearing on Wednesday.
In written submissions Attwater’s lawyers contend his trial miscarried because the trial judge Justice Elizabeth Fullerton made an error of law by misdirecting the jury about lies.
‘At no stage in the directions did Her Honour warn the jury to be mindful of the fact that people tell deliberate lies for reasons other than guilt,’ they said.
Adrian Attwater, now 46, was jailed for at least 14 years and three months after being found guilty in 2017 of the manslaughter and aggravated sexual assault of Lynette Daley
Attwater also contends his convictions were ‘unreasonable’, or could not be supported, having regard to the evidence.
The lawyers said the evidence didn’t permit the jury to be satisfied beyond reasonable doubt that Ms Daley didn’t consent to sexual intercourse.
Alternatively, if the jurors found she didn’t consent they couldn’t be satisfied that Attwater knew this.
Maris’s legal team have also put forward the same grounds.
The jury was told Attwater only stopped the assault when he noticed blood on his hand.
The court heard the extensive injuries to Ms Daley caused significant blood loss that would have led to hypovolemic shock and death.
Instead of seeking medical help, Attwater dragged her into the ocean to try to wash the blood off her body, while Maris burnt Ms Daley’s clothing and the bloodstained mattress.
Attwater said she’d had a fit or seizure in the ocean when she went for a swim, but Justice Fullerton found Attwater deliberately lied to police.
Both men also contend their sentences were ‘manifestly excessive’.
Attwater’s lawyers say the sentencing judge made factual errors about his state of mind at the time of intercourse and about Ms Daley’s level of intoxication at the time.
Other grounds include the judge’s failure to take into account the fact the offences weren’t planned and her failure to take into account ‘extra-curial punishment’ as a mitigating factor.
Attwater was sentenced to a maximum term of 19 years, while Maris’s total term was 15 years and nine months.
The hearing continues before the Chief Justice Tom Bathurst and Justices David Davies and Helen Wilson.