gang rape brothers lose appeal - remember them?

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    Gang rape brothers lose appeal


    TWO brothers have lost their appeal against their convictions for gang-raping two teenage girls at the brothers' family home in inner-western Sydney.

    The young men, who for legal reasons can only be known as MRK and MMK, appealed against their convictions on nine counts each of aggravated sexual assault in company.

    The New South Wales Court of Criminal Appeal dismissed the pair's appeals today.

    Justice Grove said the matters raised by MMK did not impair the jury's guilty verdict.

    "The matters raised on behalf of the appellant, individually or in combinations do not, to my mind impair the jury's verdicts," he said in his judgment.

    Chief Justice Spigelman said in MRK's case the judge "provided the jury with detained directions on the principle of law with respect to joint criminal enterprise to which no specific objection was taken".

    The convictions related to the gang raping of two girls aged 16 and 17, who can only be known as LS and HG, at the brothers' home at Ashfield on July 28, 2002.

    Along with two more of their brothers, the men have been convicted of a string of gang rapes in Sydney in 2002.

    MRK, now 20, was sentenced to a maximum jail term of 10 years and 19-year-old MMK to 22 years for the gang rapes of LS and HG.

    MMK appealed on three grounds, including that the verdict was unreasonable and could not be supported by the evidence and that the jury was not properly directed on identification and alibi evidence.

    MRK appealed on five grounds, including that the trial judge erred in his directions to the jury on joint criminal enterprise.
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