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Raphael De Vietri Lecturer, Law Melbourne

Raphael is Lecturer in Law & Criminology at La Trobe University Law School. He is also a practising lawyer, specialising in criminal law.

Academic Profile

Raphael’s primary research and teaching interest is criminal law. He is also interested in the law of evidence, human rights law, and international criminal law.

In his teaching role, Raphael lectures LAW5EVP (Evidence and Criminal Procedure) and LAW5PCL (Principles of Criminal Law) in the Juris Doctor degree at La Trobe Law School. He occasionally teaches other undergraduate subjects such as LAW3CLP (Criminal Law Policy and Reform) and LAW3MDC (Metal Disorders and Criminal Responsibility). He developed and lecturers in the criminology course LCR2CBP (Law and Practice of Customs and Border Protection).

Legal Practice

In his practice role, Raphael appears primarily in criminal proceedings, especially at trial and appellate level. He has prosecuted and defended across all crime types. His practice is focused on complex and serious criminal cases, such as those involving terrorism, transnational organised crime, murder, sex offences and human exploitation, major fraud, drug importation, and military offences. He has experience representing unfit and mentally impaired persons.

He also appears in quasi-criminal proceedings such as regulatory and corporate prosecutions, disciplinary proceedings, proceeds of crime applications, extradition, serious offender supervision orders, and compulsory examinations, as well as in administrative appeals and inquires with a criminal justice nexus.

Human Rights Cases

Raphael has a particular interest in criminal litigation involving human rights issues. Human rights cases in which Raphael has appeared include: Baker v DPP [2017] VSCA 58 (an appeal against a refusal of a permanent stay in which a young person faced a delayed prosecution); DPP v Rayment [2018] VSC 663 (an appeal regarding the interpretation of the ‘loitering sex offender’ offence in which the Charter of Rights was invoked); and Richards (a pseudonym) v The Queen (No.2) [2017] VSCA 174 (a successful appeal against a Custodial Supervision Order for an elderly mentally impaired man).

Criminal Cases

Cases in which he has appeared as lead counsel include: Shiel v The Queen [2017] VSCA 359 (a successful appeal against sentence for a $1.5m ‘insider’ banking fraud); Dennis v The Queen [2017] VSCA 251 (a successful appeal against sentence for child exploitation offending); and Jowett v The Queen [2017] VSCA 358. Cases in which he has appeared as sole counsel include: Meadows v The Queen [2017] VSCA 290; Re Meadows [2017] VSCA 294; Re JM [2019] VSC 156; and Re Blencowe [2017] VSC 273. Cases in which he has appeared as junior counsel include: DPP v Za Lian [2019] VSCA 75R; Re Johnstone [2018] VSC 803; Richards v The Queen [2017] VSCA 57; DPP(Cth) v Boyles [2016] VSCA 267; and Nicholls v R [2017] HCSL 316.

Recent jury trials include defending a 7-day rape trial, resulting in acquittal on that charge (DPP v AA [2018] VCC, 2 August), and defending a 4-day trial for violent offences, also resulting in a full acquittal (DPP v KM [2018] VCC, 7 March). Other high-profile cases include appearing as lead counsel in a bail application for a child accused of multiple counts of attempted murder as a result of a car rampage through Melbourne city on AFL Grand Final Day in 2017 (see DPP v SI (a child) [2017] CCV, 20 December); and appearing as junior counsel for a right-wing extremist accused of plotting terrorist attacks in Melbourne, in the committal of (CDPP v Galea [2018] MCV, 3 September).

Administrative Law Cases

Administrative appeals in which Raphael has appeared as sole counsel include: Re Collins [2017] AATA 2277; Re Petrovic [2018] AATA 748; and Re Carroll [2016] AATA 1070

Other Roles

Raphael is a Reserve Legal Officer in the Royal Australian Navy, where he represents ADF members in courts-martial and administrative inquiries: e.g. Betts v Chief of Army [2017] ADFDAT 2.

He has previously been a Senior Federal Prosecutor at the Office of the Commonwealth DPP, an Associate Public Defender at VLA Chambers, and a Solicitor at the Specialist Sex Offences Unit at the Office of Public Prosecutions (Victoria). He has also been Acting Manager of Appeals and Strategic Litigation at Victoria Legal Aid.

He was a Legal Intern at the United Nations International Criminal Tribunal for the Former-Yugoslavia in The Hague, where he worked in the Appeals Team in the Office of the Prosecutor on the case of Prosecutor v. Momcilo Perisic (IT-04-81-A).

Qualifications

Raphael holds a Masters of Law (LLM, Public International Law) from the Australian National University. He holds a Bachelor of Arts (Honours) majoring in Philosophy and Political Science, and Bachelor of Laws, from the University of Western Australia.

He is recognised by the Law Institute of Victoria as an Accredited Specialist in Criminal Law.

Positions

Research Areas research areas