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A man who raped and tortured a woman for weeks has filed an appeal against his multiple life sentences, arguing that he was not given proper recognition for his attempts to prevent the victim from dying.
Crilley’s treatment of the woman, aged 22 at the time, in Brisbane in June 2017 left her permanently disfigured.
He was apprehended eight days post-offense after an intense chase throughout the city, during which he collided with police vehicles and hijacked a car from an elderly woman.
All three justices of the Court of Appeal today said they had concerns about whether Crilley had genuine remorse.
“Even when he contacts the ambulance, he does not disclose that this is someone who for 23 days has been burned, abused, and starved … and she is likely to die,” Justice Thomas Bradley stated.
“He said she had taken a turn for the worse and he did not know what was wrong … to call that saving her life is a big stretch.”
Justice David Boddice said there were arguments for Crilley wanting his victim to survive so she could suffer more.
“There are actual statements made by him in the course of it that he wanted to disfigure her so she was not attractive to other men,” he said.
“This was about maiming her for later in life.”
Justice Bradley said Crilley’s letter to the sentencing judge expressing remorse was “disturbing” and referred to himself 28 times.
Court of Appeal President Debra Mullins said the letter suggested Crilley had a personality disorder.
“A fair reading of the letter is that it is self-centred,” Justice Mullins said.
Defence barrister Craig Eberhardt told the justices that his client’s offences were “horrendous” and showed “incredible cruelty”.
“Our submissions do not change the character of the offending. We accept entirely that this remains in the worst category of this type,” he said.
“If (Crilley) had not called an ambulance, therefore saving her life, if he had not pleaded guilty and had cross-examined (the victim) at trial, if he was not remorseful, there would not be a complaint about the sentence imposed.”
The justices heard Crilley acted against his own interests by not letting the victim die, which would have made it difficult to later convict him on multiple counts.
Crown prosecutor Michael Lehane said there was evidence that Crilley thought the victim was so injured she would never be able to testify against him.
“She had not been conscious for three days. His thought was she could not speak,” he said.
“There was no consideration that she would be a critical prosecution witness.”
Lehane said the sentencing judge had considered Crilley’s guilty plea.
“The nature of the offending simply overwhelmed these particular mitigating features and warranted life imprisonment,” he said.
The justices reserved their judgment, which will be handed down at an undetermined date.
Justice Mullins thanked Eberhardt and Crilley’s legal team.
“It’s important that counsel take briefs that are very difficult matters, as this one was,” she said.
Support is available by calling 1800 RESPECT (1800 737 732), Lifeline 13 11 14 or Men’s Referral Service 1300 766 491.