The Maurice Hawell Newcastle gang rape case is still one of New South Wales’ most disturbing and closely watched criminal cases. The case, which involves brothers Maurice and Marius Hawell and their friend Andrew David, has sparked a lot of discussion about affirmative consent laws, joint criminal enterprise (JCE), and the difficulties of proving guilt beyond a reasonable doubt in sexual assault trials.
Who is Maurice Hawell?
Before he was arrested, Maurice Hawell was a well-known lawyer in Sydney who worked on land and environment law. He went to school at Patrician Brothers’ Fairfield and was involved with the Young Liberals. He was known for his volunteer work with Meals on Wheels and his Catholic parish.
Police raided his home in May 2022, just weeks after his wedding. This was a turning point that ruined his plans for his career and politics. He later said, “I haven’t been able to sleep well since.” “The raid changed everything for me.”
Originally Published on Auburn Times
What Happened in the Newcastle Airbnb Attacks
The attacks happened over two nights in February 2022 at an Airbnb rented for a bachelor party.
Two 18-year-old women met the men at the Cambridge Hotel on the first night, February 25. After they agreed to meet, they were later attacked by a “swarm of men” in a dark room. Because the victims couldn’t see clearly, prosecutors had to rely on joint criminal enterprise to prove their case.
Night Two (26 February): A 19-year-old woman, who was tricked into texting a friend “Help me now” under the name “Jonathon,” was pinned down and attacked by Maurice Hawell and Andrew David while Marius watched.
Judge Gina O’Rourke later called the attacks “cold, callous, and degrading,” and said, “These women were treated like objects, with no dignity or humanity.”
Sentences and Convictions
The jury found the defendant guilty on ten counts in July 2023, including aggravated sexual assault in company, sexual touching in company, and attempted sexual assault. The trial lasted four weeks in the NSW District Court.
In October 2023, the men were given their sentences:
| Name | Sentence (Total) | Non-Parole Period | Eligible for Release |
| Maurice Hawell | 14 years | 8 years, 6 months | January 2033 |
| Andrew David | 13 years | 7 years, 9 months | April 2032 |
| Marius Hawell | 9 years | 5 years, 5 months | October 2028 |
Judge O’Rourke said that what the three of them did was “heinous” and “completely out of line with their privileged backgrounds.”
Statements from the Victim
At the sentencing hearing in February 2024, the women talked about how the trauma would last:
- “I don’t trust any man near me.” One person said, “I feel broken.”
- Another person said, “I still have panic attacks and nightmares.”
Both talked about shame, fear, and how long it would take to get better.
Support for families and people in prison
Maurice said he was afraid for his safety every day at Parklea Correctional Centre: “I keep my distance, but my name is known.” In letters to the court, his wife Loubna defended his innocence by saying he was “humble, respectful, and incapable of violence.”
Legal Arguments and Appeals
The three men went to the NSW Court of Criminal Appeal in August 2024 to challenge the verdicts as unsafe and unsatisfactory.
Their lawyers said:
- Problems with credibility: the complainant’s testimony about consent is not consistent.
- Video evidence: a clip of the complainant smiling didn’t match up with her claim that she was scared.
- Trial misdirection: The judge’s instructions on joint criminal enterprise and consent may have made things unclear for the jurors.
- Joinder mistake: the events on two nights should have been tried on their own.
Bret Hatfield SC, the Crown Prosecutor, said that the convictions were solid because the victims’ evidence was “visceral and credible.” He said that the differences between nights were “small changes, not different events.”
The appeal decision is still on hold as of September 2025.
NSW Law: Sexual Assault and Affirmative Consent at Work
Section 61JA of the Crimes Act 1900 (NSW) says that aggravated sexual assault in company can get you life in prison.
Affirmative consent has been required by law since June 2022:
- Consent must be given freely and without pressure.
- Not saying anything or not fighting back does not mean you agree.
- Giving permission for one thing doesn’t mean giving permission for another.
- People who are accused of a crime must actively check for consent. Being drunk is not a good reason for not doing so.
The joint criminal enterprise principle says that everyone in a group assault can be held responsible for what others do if they all had the same goal.
Why the Case is Important
The case of the Hawell brothers has sparked a national debate about sexual consent, group responsibility, and jury instructions in sexual assault trials. Legal experts say that the final decision on the appeal could change how NSW courts deal with cases where there are more than one offender and the identification is not clear.
Outside of the courtroom, the case has brought up issues of social privilege, moral responsibility, and the human cost of sexual violence. It has also reminded Australians that the law is always changing to protect survivors and uphold justice.
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