A man has failed to overturn his multiple life sentences for the “utterly brutal” rape and torture of a woman held captive for weeks.
Nicholas John Crilley was handed seven life sentences by a Queensland judge in 2020 after pleading guilty to 62 offences including grievous bodily harm, deprivation of liberty, torture and 18 counts of rape.
Crilley’s treatment of the woman, aged 22 at the time, in Brisbane in June 2017 left her permanently disfigured.
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Court of Appeal President Debra Mullins and Justices David Boddice and Thomas Bradley handed down their decision on Friday.
Boddice said the victim had lasting physical and psychological impacts from Crilley’s assaults, which included burns to 46 per cent of her body and facial scarring.
“(Crilley’s) conduct was utterly brutal and accompanied by unspeakable depravity, including filming his criminal acts,” Boddice said.
“He persisted with that criminality, notwithstanding obvious severe injuries.”
Crilley was arrested eight days after his offences following a dramatic pursuit through the city, during which he rammed police vehicles and carjacked an elderly woman.
During an appeal hearing in June, defence barrister Craig Eberhardt said Crilley should have been credited in sentencing for calling an ambulance that saved the victim’s life.
Boddice said the victim was “on the brink of death” and unable to speak when paramedics found her lying on a mattress in a suburban unit.
Eberhardt previously 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.”
Crown prosecutor Michael Lehane previously 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.”
The sentencing judge’s decision to give little effect to Crilley’s guilty pleas and letter of apology to the victim was also upheld.
In his letter of apology, Crilley said he had difficulty in forgiving himself for actions which he described as “a complete overreaction” and due to a poor decision in a drug-induced state.
“(Crilley) was remorseful for his predicament, rather than genuinely remorseful for the complainant’s injuries and their consequences,” Boddice said.
Crilley will have to serve at least 20 years in custody before he is eligible for parole.
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
In an emergency, call 000.
