-  # James Trevor Birmingham
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James Trevor Birmingham
52 yrs old (2012)
Prior convictions. Sentenced again in Feb 2012 to 10yrs jail/ eligible for parole in 2017/
Pleaded guilty to 1 count of abduction/ 8 counts of rape.
Convicted Rapist - Pleaded guilty in August 2003 to 3 counts of rape/ 2 of attempted
rape/ Sentenced to 11 1/2yrs jail/ 9 1/2yrs non parole. Victims were women. Committed the offences with his accomplice
Trevor John Brooks.
Both offenders were caught through DNA evidence.
Rapist Gregory James Smith jailed for 14 years for crime committed in 1989
A cowardly rapist has finally been jailed, 23 years after abducting a woman described by a judge as "resourceful and courageous".
Gregory James Smith, 52, was today sentenced to 14 years' jail with a non-parole period of seven years and six months.
In November 1989, Smith and James Trevor Birmingham approached a woman walking to the YMCA on Flinders St.
They forced her into a car and drove her to the Adelaide Hills where they raped her repeatedly.
Smith was charged with abduction and eight counts of rape after a DNA sample was taken in 2010.
In February, Birmingham, 52, was jailed for 10 years and his existing non-parole period - for another rape and a fatal road-rage
crash - was extended by four years.
Today, District Court Judge David Lovell said he had found Smith's version of events to be "totally unbelievable".
He said Smith's actions were "contemptible and cowardly" and his conduct during the trial was the same.
"You have shown no contrition or remorse," he said.
Judge Lovell described the victim as a "remarkable, resourceful and courageous woman" who continues to worry about whether she
should have done more to fight off her rapists.
Serial rapist James Trevor Birmingham to stay locked up
Knowing he was about to be jailed over a fatal accident, James Trevor Birmingham raped a woman for hours.
His crime was made all the worse by the fact he escaped punishment for six years, protected by the mask he wore and the lack of a DNA match.
What made Birmingham's actions truly revolting, however, was the fact he had done it before - and avoided arrest for almost 30 years.
Yesterday justice finally caught up with Birmingham for his 1989 abduction and rape of a tourist.
The District Court jailed him for another 10 years, ordering his existing non-parole period be extended by four years.
Judge Gordon Barrett said it meant Birmingham, who has been in custody since 2003, would not be eligible for release until 2017.
"(In 1989) you abducted, raped and terrified a woman over a period of hours," he said. "You ruined her life, it remains damaged 22 years
after the act, and it will continue to be. As you now approach middle age, you have come to see how appalling your conduct, as a young man, was."
Birmingham, 51, pleaded guilty to one count of abduction and eight counts of rape. Judge Barrett yesterday detailed his "troubling" criminal history.
In 1983, while on bail awaiting sentencing for larceny, Birmingham was one of a gang of men who indecently assaulted a woman. Five
and a half years later, he struck again.
"The victim was walking back to a hostel when you pulled up alongside her," Judge Barrett said.
"You got out the car, put your hand around her mouth and told her to get in the car ... it took her a moment to realise you were not joking.
From that moment on, she was frightened for her life."
Judge Barrett said Birmingham took the woman to the Adelaide Hills and raped her repeatedly for 2½ hours, dropped her back at the hostel, but was not caught.
"The victim blamed herself for not being able to tell police enough information so you could be apprehended sooner," he said.
"She has carried humiliation, guilt, embarrassment and what she describes as `a shameful secret' for 20 years."
Birmingham went on to kill young driver Shannon Burke in a 1996 road-rage incident. He chased Mr Burke down the wrong side of
Main North Rd and rammed his car until it went off a bridge and burst into flames.
Again on bail and awaiting sentence, Birmingham teamed up with Trevor James Brooks to rape another woman, in Elizabeth, in 1997.
The pair escaped because they wore masks and could not be matched to the police DNA database.
Birmingham was about to finish his five-year term for killing Mr Burke when he was linked with the Elizabeth rape and jailed for a minimum 11½ years.
Just as his non-parole period for that crime was due to expire, police were finally able to connect him with the tourist's kidnap and rape.
Judge Barrett said Birmingham's crimes deserved a 16-year sentence, reduced to 12 years on account of his contrition.
He further reduced that term to 10 years on the basis of the totality principle - a legal requirement that no sentence,
or combination of sentences, be "crushing".
Rape victim's 22-year wait for justice
James Trevor Birmingham destroyed the life of a previously unknown rape victim, who has waited 22 years for justice.
Birmingham, 51, appeared in the District Court yesterday and the case was put back to let the victim have her say.
He has pleaded guilty to one count of abduction and eight counts of rape.
On November 19, 1989, Birmingham kidnapped a woman - who cannot be named - and raped her repeatedly.
The Advertiser understands Birmingham was linked to the crime by DNA analysis. It is the second
time the criminal has been tripped up by his genetic code.
In March 1997, Birmingham and another man donned Ku Klux Klan hoods, broke into a Salisbury
North home and raped its lone occupant.
He was on bail at the time, pending sentencing for killing driver Shannon Troy Burke a year earlier.
Mr Burke, 20, died after Birmingham drove his car on to the wrong side of Port Wakefield Rd and
rammed him. Mr Burke's car crashed into a concrete bridge over the Little Para River and burst into flames.
Birmingham received a five-year, non-parole period for that offence.
He had nearly completed his minimum term when, in August 2003, police charged him for the Salisbury North rape.
Birmingham was jailed for 11½ years, with a 9½ year non-parole period, for that crime. His co-accused,
Trevor John Brooks, received a 27-year term.
The Salisbury North offence was one of four rapes Brooks committed in the 1990s, each time disguised by a mask.
Yesterday, prosecutor Tracey Nelson asked the court to delay Birmingham's sentencing submissions.
"The victim has been contacted, but she is now overseas," she said. "She very much wants to attend
court personally to read out her victim impact statement."
Judge Gordon Barrett remanded Birmingham in custody.
Rapist Claims No Memory Of Attacks That Haunt Victims
A masked serial rapist
who brutally assaulted four
women over five years has
told the District Court he
cannot remember any of
The victims of Trevor John
Brooks, 37, say they remain
"haunted" by the sight of
him naked, except for a
mask, breaking into their
homes and violating them.
Brooks pleaded guilty to
the rapes committed in the
northern suburbs between
1995 and 2000 - he was
caught after DNA evidence
linked him to the crimes.
Yesterday, his lawyer said
her client was "an automaton" - or robot-like - during
the spree, fuelled by drugs
and plagued by a total memory loss of the incidents.
"He started using
amphetamines and then
rohypnol - he was working as
an automaton and not remembering anything," Rosic
Reed, for Brooks, said.
"His behaviour then was
completely dis-inhibited, he
was not operating in his
usual nature - which was an
upstanding member of the
community, a loving husband and father."
Her claims were refuted by
Judge David Smith, who on
Wednesday heard two hours
of victim impact statements.
"You seriously cannot be
putting to me that he is a
fine, upstanding member of
the community," Judge
"That is very hard to accept ... in each of these
attacks there were conversations, there was
premeditation, there was
overwhelming evidence of
his consciousness of what
was happening. It is
inexplicably very horrifying,
and none of (your submissions) even approaches
explaining how this could
Brooks' co-accused in one
of the rapes - 43-year-old
James Trevor Birmingham -
also claimed he had no memory of the incident in which
He pleaded guilty to helping Brooks rape a 21 -year-old
woman in her Salisbury
North home while they wore
"Ku Klux Klan" style masks.
In a statement, Birmingham said hearing his victim's
statement on Wednesday
had left him feeling "disgusted" with himself.
"I am truly remorseful and
very, very sorry for the devastating impact of my actions on the victims of this
offending," he said.
Judge Smith will sentence
the duo on a date to be set.
Adelaide Advertiser (6-12-2003)
Soul Ripped Apart By Serial Rapist
A victim of a masked
serial rapist who plagued
the northern suburbs for
five years took her own life
because he had "ripped
apart her soul", the District Court has heard.
The woman, who was recovering from open-heart
surgery at the time, killed
herself a year after she was
attacked by Trevor John
Brooks of Salisbury North.
She was one of four women
Brooks, 37, raped between
1995 and 2000, each time
naked except for a mask.
All of his victims were
home alone. A fifth woman
saved herself by fighting
back with a pair of scissors
and a bat.
One victim, then aged 21,
was raped by Brooks and
another man, James Trevor
Yesterday, she told the
court she had spent seven
years "haunted" by the
memory of the duo standing
in her bedroom wearing "Ku
Klux Klan masks".
In October, Brooks
pleaded guilty to seven
counts of rape and two of
attempted rape. He was arrested after his carelessness
allowed a sample of his DNA
to be collected and traced.
Birmingham, 43, joined
Brooks in assaulting a
21-year-old woman at Salisbury North in March 1997,
just five months before he
was jailed for killing a man
in a road smash.
Yesterday, Judge David
Smith heard victim impact
statements, including a
poem by the woman who
In October 2000, Brooks
raped her in an Elizabeth
motel room until police arrived, scaring him off. In the
process he left behind a sock
from which his DNA profile
Twelve months later, just
before she and her husband
were due to celebrate their
30th wedding anniversary,
the woman committed
suicide, having endured a
long battle with her memories of the incident.
pain, my soul has been
ripped apart; Tears fall like
acid rain while blood drains
from my heart," the poem
reads. "The faceless shadow,
rancid smell- mine forever
more; His voice will haunt
me till he rests in hell, his
power too great to ignore".
Throughout two hours of
victim impact statements,
Brooks sat hunched in the
dock, avoiding harsh stares
from the packed gallery.
But he looked up, seemingly in shock, when confronted by his first victim, a
woman known as 'Hayley'.
Hayley was raped in her
Elizabeth Park home in January 1995 while her husband
and two sons were away on
a fishing trip.
"I needed to hear the word
'guilty' come out of your
mouth, Mr Brooks," she said.
"I do not want revenge, I
want you to hear me say this:
I may always be affected by
your actions, but I'm free.
"You, Mr Brooks, are not
Judge Smith remanded
both men for further submissions tomorrow.
Adelaide Advertiser (4-12-2003)
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