ANDREW James Benn - the Hunter's worst serial rapist - will be eligible for parole nearly four years earlier than expected after a judge's error caused the Court of Criminal Appeal to re-sentence the sexual predator on Monday.
Benn, now 33, who raped or sexually assaulted 14 young women and teenage girls who he met through Facebook, Tinder or Snapchat between 2012 and 2017, had five years cut from his maximum 40-year jail term after an appeal against the severity of his sentence uncovered an error made by Newcastle District Court Judge Roy Ellis.
Benn had flagged his intention to appeal against the severity of the sentence as far back as 2018, on three grounds including that the jail term was "manifestly excessive". The appeal processed stalled for more than two-and-a-half years before it was heard in the CCA in March last year.
The grounds of appeal failed, but the appeal uncovered an error made during the sentencing process, when Judge Ellis incorrectly identified the maximum penalty for one of Benn's charges.
The three-judge panel of the CCA said the error was "patent" and had the capacity to influence the overall sentence, meaning they were required to re-sentence Benn.
Justice Fabian Gleeson was scathing of Benn's conduct, but ultimately found he should be given a jail term that was not "crushing".
"Given the nature of [Benn's] offending, the length of time over which it occurred, the age of the victims, and his selfish disregard for the victims, the offending was of the most reprehensible kind," he said.
Benn was re-sentenced to a maximum of 35 years in jail, with a non-parole period of 26 years and three months.
The new orders mean Benn will now be eligible for parole in April, 2043.
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