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Jill Meagher murderer Adrian Bayley's jail term cut by three years on appeal | Jill Meagher murderer Adrian Bayley's jail term cut by three years on appeal |
(about 1 month later) | |
Jill Meagher’s killer and serial Victorian rapist, Adrian Ernest Bayley, has had three years cut off his jail term after a conviction for raping a sex worker in 2000 was overturned. | Jill Meagher’s killer and serial Victorian rapist, Adrian Ernest Bayley, has had three years cut off his jail term after a conviction for raping a sex worker in 2000 was overturned. |
Bayley appealed two rape convictions and sentences that increased his non-parole period to 43 years. | Bayley appealed two rape convictions and sentences that increased his non-parole period to 43 years. |
Victorian court of appeal judges Marilyn Warren, Mark Weinberg and Phillip Priest on Wednesday reduced his sentence to 40 years and acquitted him of one rape conviction – but dismissed his appeal against the other conviction. | Victorian court of appeal judges Marilyn Warren, Mark Weinberg and Phillip Priest on Wednesday reduced his sentence to 40 years and acquitted him of one rape conviction – but dismissed his appeal against the other conviction. |
Bayley had appealed two rape convictions for attacks on women in St Kilda in 2000 and 2012. | Bayley had appealed two rape convictions for attacks on women in St Kilda in 2000 and 2012. |
At a hearing in March, Bayley’s barrister, Saul Holt QC, said there were weaknesses in evidence linked to identification in the trial over the 2000 rape of a sex worker in St Kilda. | At a hearing in March, Bayley’s barrister, Saul Holt QC, said there were weaknesses in evidence linked to identification in the trial over the 2000 rape of a sex worker in St Kilda. |
The court of appeal found the identification evidence should have been excluded from Bayley’s trial because it had “virtually no probative value”. | The court of appeal found the identification evidence should have been excluded from Bayley’s trial because it had “virtually no probative value”. |
“Without the identification evidence, there was no evidence upon which a jury could find Bayley guilty,” the judges said. | “Without the identification evidence, there was no evidence upon which a jury could find Bayley guilty,” the judges said. |
Bayley’s conviction over the 2000 rape was one of three rape trials that had increased the non-parole period on his life sentence from 35 years to 43 years. | Bayley’s conviction over the 2000 rape was one of three rape trials that had increased the non-parole period on his life sentence from 35 years to 43 years. |
The 44-year-old received the life sentence for the 2012 rape and murder of Meagher. | The 44-year-old received the life sentence for the 2012 rape and murder of Meagher. |
Having quashed the 2000 rape conviction, the court of appeal fixed a new non-parole period of 40 years. | Having quashed the 2000 rape conviction, the court of appeal fixed a new non-parole period of 40 years. |
The judges dismissed Bayley’s appeal against his conviction over the 2012 rape of a Dutch backpacker on the grounds that telephone evidence was flawed. | The judges dismissed Bayley’s appeal against his conviction over the 2012 rape of a Dutch backpacker on the grounds that telephone evidence was flawed. |
The court of appeal rejected this argument and found the telephone records were clearly relevant. | The court of appeal rejected this argument and found the telephone records were clearly relevant. |
In re-sentencing Bayley, the judges said his offending was “utterly abhorrent” and noted his long history of sexual assaults. | In re-sentencing Bayley, the judges said his offending was “utterly abhorrent” and noted his long history of sexual assaults. |
“The history left little room for optimism concerning his prospects for rehabilitation,” they wrote. | “The history left little room for optimism concerning his prospects for rehabilitation,” they wrote. |
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