The sex worker convicted of the manslaughter of a Brisbane businessman during a bondage session in a Cairns hotel had shown no remorse and no concern for her client, a court has heard.
Madeline Joan Lewin was sentenced to six and a half years in prison over the August 12, 2020 death of Anthony Brady after a Supreme Court jury took less than an hour to find her guilty.
Lewin, 34, who pleaded not guilty, chose to represent herself during the trial but did not call any witnesses, perform any cross-examination or make any opening or closing statements.
Dressed in a dark pant suit with her hair neatly tied in a bun, Lewin was expressionless as she listened to Justice James Henry's sentencing remarks.
"Only you know for sure what occurred in that hotel room in that interim period of time," Justice Henry said.
"You have chosen not to say."
'Self-indulgently continued on'
During the trial in Cairns, the court was shown graphic photographs of Mr Brady's body as it was found — face down, with his arms and legs tied to the bed, wearing a hood, a rope around his neck and a gag in his mouth.
"Breathing through his nose and mouth would have been hindered," Justice Henry said.
He said regardless of which of the three possible causes of death suggested by the forensic pathologist was accurate, at some point Lewin had to have noticed Mr Brady's body becoming immobile.
"Yet the scene shows that you did nothing to release or ease the constraints upon him," Justice Henry said.
"You did not even cut just one rope with the box-cutter you had in the room, so that you might even at least have turned his head slightly."
He said it was inevitable that Mr Brady must have given some signs of distress and it was obvious that Lewin "self-indulgently continued on in disregard of his safety".
Lewin was found to have failed to ensure Mr Brady's health and safety during the consensual bondage activity.
The court was told Lewin had a university degree in politics and had worked for a time as a legal secretary.
Lewin had moved to Cairns in the early 2010s and was in a "tumultuous" relationship with a man, with whom she had a child in 2013.
Justice Henry told the court Lewin was on parole at the time of the offence after her life began spiralling out of control in early 2018.
In 2019 her family noticed her behaviour becoming erratic and she was treated for mental health issues.
The same year she was convicted of several offences, including carjacking and assaults on six police officers and was sentenced to 16 months in prison.
'Lack of empathy'
Justice Henry said Lewin's already serious acts were aggravated by the fact she chose to perform them while under the influence of drugs, as well as the lack of any attempt to help Mr Brady.
He also referenced Lewin's choice to plead not guilty but also to dismiss her legal defence on the eve of the trial, only to self-represent while offering no statements or cross-examination.
"You appear to be intelligent and it was clear you understood the consequences of your various choices," Justice Henry said.
"To have remained as resolute as you did … exhibits an extraordinary level of self-control and willpower."
He said this showed a "remarkable contrast" with her record of offending, which demonstrated "traits of self-centredness and lack of empathy".
"It is difficult to avoid the impression that your self-centredness and lack of empathy still prevails," Justice Henry said.
Justice Henry said Lewin's lack of remorse or concern for Mr Brady's fate, contrasted with his mother's impact statement, which concluded with the hope that Lewin would be rehabilitated and go on to lead a better life.
Addressing Lewin, Justice Henry said she would have a long time to reflect and perhaps one day would become remorseful.
"But in the here and now … you fall to be sentenced in circumstances where you have exhibited no remorse whatsoever."
Lewin will not receive any parole eligibility date.
She has already served 491 days of the sentence.
