An attraction court docket has knocked again a bid from a NSW politician’s son to cut back his jail sentence over the rape of a 19-year-old Aboriginal man on the premise of his autism.
Edward John Saffin was jailed three years in the past over the brutal intercourse assaults he inflicted on a person he had simply met as they drove round close to the northern NSW city of Lismore within the early hours of a Saturday in July 2015.
He’s the son of Labor MP Janelle Saffin, who represents the seat of Lismore within the NSW Legislative Meeting and was beforehand a federal parliamentarian.
Edward Saffin was discovered responsible of 13 offences by a jury and sentenced to 14 years in jail with a non-parole interval of 9 years and 4 months.
On attraction, he argued District Courtroom Choose Peter Whitford didn’t correctly take note of his circumstances of autism spectrum dysfunction and a focus deficit hyperactivity dysfunction.
The choose made a mistake by discovering the circumstances “barely diminished” his culpability for the crimes as an alternative of getting a major affect, he argued.
Edward Saffin additionally contended Choose Whitford had wrongly discovered that he was reckless in whether or not or not his sufferer was consenting. The choose additionally stated it was potential he genuinely thought the sufferer was consenting due to his autism, and the 2 issues had been inconsistent, he stated.
However Courtroom of Attraction justices John Basten, Stephen Rothman and Derek Value unanimously upheld the sentence on Tuesday morning.
They discovered the choose was entitled to use little weight to Saffin’s autism.
A psychologist testified that Saffin would have been capable of perceive the sufferer saying “No, no” and “F***ing no”, Justice Basten wrote.
As properly, he wrote, there was no proof Saffin’s actions – together with initiating intercourse, threatening the sufferer, and making an attempt to dominate him – had been attributable to his autism.
“The choose assessed the connection between the non-drug induced psychological situation (specifically autism spectrum dysfunction) and the offending as tenuous,” Justice Basten wrote.
“That discovering was based mostly on the proof and was, for my part, unassailable.”
The choose made no mistake to find Saffin was reckless about consent, the judges dominated.
In addition they knocked again a 3rd floor that the sentence was manifestly extreme.
Edward Saffin can be eligible for parole on August 21, 2025.