SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0157
| RAFFAELE DI PAOLO | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST and NIALL JJA, and LASRY AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 14 August 2019 |
| DATE OF JUDGMENT: | 30 August 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 194 |
| JUDGMENT APPEALED FROM: | DPP v Di Paolo (Unreported, County Court of Victoria, Judge Stuart, 28 March 2018 (conviction); 6 July 2018 (sentence)). |
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CRIMINAL LAW – Appeal – Conviction – Sexual penetration by fraud, indecent assault and common assault – Applicant fraudulently misrepresented medical qualifications – Admissibility of evidence – Whether judge erred by admitting business practice evidence – Whether evidence relevant – Whether complainants credible and reliable - Whether verdicts unsafe and unsatisfactory – Any prejudice curable by directions – Reasonably open to jury to convict – Leave to appeal refused – Arico v The Queen [2018] VSCA 135, M v The Queen (1994) 181 CLR 487; Conolly (a Pseudonym) v The Queen [2019] VSCA 123; Dupas v The Queen [2012] VSCA 328 applied – Evidence Act 1995 ss 55 and 137 and Criminal Procedure Act 2009 s 276(1)(a) and Sched 1 cl 4A.
CRIMINAL LAW – Appeal – Sentence – Applicant pleaded guilty to obtaining property by deception, indecent assault, common assault and other offences – Jury found applicant guilty of procuring sexual penetration by fraud, indecent assault and common assault –Total effective sentence 9 years and 6 months with non-parole period 6 years and 6 months – Whether judged erred in rejecting R v Verdins (2007) 16 VR 269 principles – Whether sentence manifestly excessive – Whether sentence involved double punishment – Whether judge erred in ordering registration as a sex offender – Sentences well within available sentencing ranges – Applicant poses a risk to the sexual safety of the community Leave to appeal refused – DPP v O’Neill [2015] 47 VR 395 applied – Sex Offenders Registration Act 2004 s 11(1).
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| APPEARANCES: | Counsel | Solicitors |
For the Applicant | Ms C M Randazzo SC | Melasecca Kelly & Zayler |
| For the Respondent | Ms F L Dalziel QC | Mr John Cain, Solicitor for Public Prosecutions |
PRIEST JA
NIALL JA
LASRY AJA:
Introduction
The applicant, Raffaele Di Paolo, has applied to this Court for leave to appeal against his convictions and sentences, which are set out in the table below. The convictions and sentences arise from charges spread over three separate indictments, identified as Indictments A, B1 and C.[1]
[1]Indictment F13261079A, Indictment F13261079B.1 and Indictment F13261079C, respectively.
In the broadest of terms, these charges arise from the activities of the applicant over a 10-year period. Before, during and after that period, the applicant falsely represented that he was a qualified medical practitioner and offered ‘fertility treatments’ to people who came to him as ‘patients’. The allegations were that the applicant obtained money by deceiving clients as to his medical qualifications and carried out numerous intimate examinations, which the clients would not have permitted if they had known he…
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- Case
- [2019] VSCA 194
- Decision Date
CaseChat Overview and Summary
The appellant argued that the trial judge had erred in admitting certain business practice evidence and that the evidence was not relevant. The court considered the admissibility of the evidence under the Evidence Act 1995 and concluded that it was relevant and properly admitted. The court also assessed the credibility of the complainants and found that the verdicts were reasonably open to the jury. The appellant further argued that the verdicts were unsafe and unsatisfactory, but the court found that any potential prejudice was curable by directions.
The court examined the sentence, considering whether it was manifestly excessive or involved double punishment. The court found that the sentence was well within the available sentencing ranges and was appropriate given the appellant's risk to the sexual safety of the community. The court also considered the requirement for the appellant to register as a sex offender and found that this was properly ordered under the Sex Offenders Registration Act 2004.
The Court of Appeal refused leave to appeal, finding that the trial judge's decisions were correct and that the sentence was appropriate. The appeal was dismissed, and the conviction and sentence were upheld.
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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