SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2009 0976
| VINCENT MANTOVANI |
| v |
| THE QUEEN |
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| JUDGES | MAXWELL P, BONGIORNO JA and KYROU AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 6 March 2012 |
| DATE OF JUDGMENT | 20 September 2012 |
| MEDIUM NEUTRAL CITATION | [2012] VSCA 225 |
| JUDGMENT APPEALED FROM | R v Mantovani (Unreported, County Court of Victoria, Judge Hampel, 10 & 15 December 2009) |
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CRIMINAL LAW – Appeal – Sentence – Blackmail, criminal damage, conspiracy to pervert the course of justice – Total effective sentence 7y, non-parole period 4y – Whether manifestly excessive – Cognitive impairment – Whether moral culpability reduced – Whether publicity caused applicant hardship in prison – Leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P F Tehan SC | Tait Lawyers |
| For the Respondent | Mr D A Trapnell SC | Mr C Hyland, Solicitor for Public Prosecutions |
MAXWELL P
BONGIORNO JA
KYROU AJA:
Introduction and summary
The applicant pleaded guilty to 12 offences. Following a plea in mitigation, he was sentenced as follows:
Count Date Offence Maximum Sentence Cumulation Presentment No C0806108.2 – Complainant Orsida
1 July 2004 Blackmail 15y 3y Base 3 26/10/2004 Intentional damage to property 10y 2y 6m 6 31/8/2005 Intentional damage to property 10y 2y 6m Presentment No C0806108.1 – Complainants Howes and Selman
Count Date Offence Maximum Sentence Cumulation 1 Jan/Feb 2006 Conspiracy to pervert the course of justice 25y 1y 6m 3 3/7/2006 Perjury 15y 6m None Presentment No. C0806108.3 – Complainant Corso
Count Date Offence Maximum Sentence Cumulation 3 November 2004 Blackmail 15y 2y 1y Presentment No. C0806108.5B – Complainant Paskins
Count Date Offence Maximum Sentence Cumulation 1 19/1/2006 Blackmail 15y 2y 1y Presentment No. U01871248 – Drugs offences
Count Date Offence Maximum Sentence Cumulation 1 19/1/2006 to 31/8/2006 Traffick in a drug of dependence (Steroids) 15y
18m 6m 2 3/8/2006 Possession of a drug of dependence (Steroids) 5y and/or 400 penalty units 6m None 3 3/8/2006 Possession of a drug of dependence (Diazepam) 1y and/or 30 penalty units
$500 fine N/A Presentment No. U01871248.1 – Firearms offences
Count Date Offence Maximum Sentence Cumulation 1 3/8/2006 Prohibited person in possession of an unregistered firearm 15y and/or 1800 penalty units $1,000 fine N/A 2 3/8/2006 Prohibited person in possession of an unregistered firearm 15y and/or 1800 penalty units $1,000 fine N/A TES: 7y and $2,500 NPP: 4y
The applicant now seeks leave to appeal against all the individual custodial sentences, the total effective sentence and the non-parole period.
For the reasons that follow, we have concluded that leave to appeal should be refused.
Overview of offending
(a) Orsida presentment
In mid-2004, the applicant learned that Rocco (Rocky) Orsida (‘Orsida’), who operated a number of orchards in partnership with his brother, Roy, in the Cobram region, had made sexual advances towards Luisa Racioppo (‘Racioppo’). Racioppo was employed by the Orsidas in early 2004 for about six months and had been in a relationship with the applicant.
The applicant was enraged about the advances towards Racioppo and told an…
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- AGLC
- Mantovani v The Queen [2012] VSCA 225
- Case
- [2012] VSCA 225
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was manifestly excessive, considering the mitigating factors presented by the appellant. The court had to assess the extent to which the appellant's cognitive impairment affected their culpability and whether this warranted a lesser sentence. Furthermore, the court examined whether the alleged publicity-induced hardship in prison constituted an additional mitigating factor that should be considered in the sentencing process.
In delivering the judgment, the court found that the sentence was not manifestly excessive. The cognitive impairment was considered in the sentencing process, but the court determined that it did not sufficiently reduce the appellant's moral culpability to warrant a lesser sentence. The court also found that the publicity and its effects on the appellant's mental health did not constitute a significant mitigating factor. As such, the appeal was dismissed, and leave to appeal was refused. The appellant's sentence was upheld, and the court's decision stands that the punishment meted out was appropriate given the circumstances.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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