Raphael de Vietri


Barrister

Mobile:
Admitted:
3 Feb 2011
Bar:
7 May 2020
Location:
Gorman Chambers,
Level 9 460 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Raphael practices predominantly in criminal law, with a focus on serious and complex crime.

He appears in all criminal jurisdictions, including in jury trials and higher-court appeals. He has appeared as counsel in matters involving terrorism, organised crime, murder, sex offences, drug importation, major fraud, corporate crime, human exploitation, war crimes and military offences.

He has particular expertise in federal criminal law, and can be briefed in matters pertaining to transnational crime and national security. He regularly represents members of the Australian Defence Force in military and civilian courts: e.g. Betts v Chief of Army [2017] ADFDAT 2; DPP v Morey [2020] VCC 320. He recently appeared in the Brereton Inquiry into Allegations of War Crimes by Australian Special Forces Soldiers in Afghanistan.

He has a special interest in criminal litigation involving human rights issues and has been counsel in several significant cases involving the Charter of Human Rights: e.g. Baker v DPP & Ors (2017) 270 A Crim R 318; DPP v Rayment (2018) 57 VR 622; and Richards v The Queen (2017) 267 A Crim R 280.

His practice extends to quasi-criminal proceedings, including commissions of inquiry, inquests, compulsory examinations, extradition, regulatory and corporate prosecutions, professional disciplinary proceedings, proceeds of crime applications, and administrative appeals with a criminal justice nexus. He is experienced in supervision order proceedings under the Serious Offender Act, and proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act.

He regularly appears in the Supreme Court and Court of Appeal. Notable cases include:

  • Shiel v The Queen (2017) 271 A Crim R 146 – as lead counsel in a successful appeal against sentence for a $1.5m banking fraud.
  • Dennis v The Queen [2017] VSCA 251 – as lead counsel in a successful appeal against sentence for child exploitation offending.
  • Jowett v The Queen [2017] VSCA 358 – as lead counsel in a sentence appeal for sexual offending.
  • Meadows v The Queen [2017] VSCA 290 – as lead counsel in a sentence appeal regarding commonwealth sentencing and issues of mental impairment (Verdins).
  • Nicholls v The Queen [2017] HCASL 316 - as junior counsel in an application for special leave to appeal to the High Court of Australia.
  • Secretary DJCS v ST [2019] VSC 722 - as sole counsel representing the first person in Victoria to be placed on a Serious Violent Offender Supervision Order with an Intensive Treatment Condition.
  • Re Meadows [2017] VSCA 294 – as sole counsel in a successful application for appeal bail.
  • DPP v Za Lian & Anor. [2019] VSCA 75 – as junior counsel in a successful defence of a Director’s Appeal against current sentencing practices for stranger rape.
  • Wilson v The Queen [2018] VSCA 219 - as junior counsel in an appeal against sentence for serious arson offences.
  • Carter (a pseudonym) v The Queen [2018] VSCA 88 – as junior counsel in an appeal against sentence for historical incest offending.
  • Gillespie (a pseudonym) v The Queen [2018] VSCA 151 – as junior counsel in an appeal against sentence for a female sexual offender.
  • DPP(Cth) v Boyles (a Pseudonym) [2016] VSCA 267 – as junior counsel in a successful defence of a Commonwealth Director’s Appeal against sentence for online offending.
  • Richards (a Pseudonym) v The Queen [2017] VSCA 57 – as junior counsel in a successful application for appeal bail.
  • Re KN [2020] VSC 35 – as sole counsel in a successful Supreme Court bail application.
  • Re JM [2019] VSC 156 – as sole counsel in a successful Supreme Court bail application.
  • Re Blencowe [2017] VSC 273 – as sole counsel in a successful Supreme Court bail application.
  • Re Johnstone [No 2] [2018] VSC 803 – as junior counsel in a successful bail appeal.
  • Re CWE (No.2) [2019] VSC 660 - as sole counsel in a plea for a breach of a Serious Violent Offender Supervision Order. 

Prior to being called to the bar, Raphael was an Accredited Specialist in Criminal Law, and gained 9 years of experience as a solicitor-advocate. He was the Senior Advocate (Appeals and Indictable Crime) at Victoria Legal Aid, an Associate Public Defender at VLA Chambers, Senior Federal Prosecutor at the Commonwealth DPP, and a Solicitor at the Office of Public Prosecution’s Specialist Sex Offences Unit. He also interned 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).

Raphael has a part-time appointment as Lecturer in Law & Criminology at La Trobe University Law School, where he teaches Criminal Law, Evidence and Criminal Procedure, as well as occasional electives in Federal Criminal Law and Border Protection Law. 

He holds an LLB and BA(Hons) majoring in Philosophy, Political Science and International Relations from the University of Western Australia. He obtained a Masters of Law (Public International Law) and graduate qualifications in Military Law and Legal Practice from the Australian National University. 

He is commissioned as a legal officer (Lieutenant) in the Royal Australian Navy, and has served as the Honorary Vice-Consul for the Republic of Mali in Australia since 2007.

Raphael is reading with Ruth Shann. His senior mentors are Daniel Gurvich QC and Felicity Gerry QC.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

AREAS OF PRACTICE

Appellate
Criminal Law
Government
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law

Profile1

Raphael practices predominantly in criminal law, with a focus on serious and complex crime.

He appears in all criminal jurisdictions, including in jury trials and higher-court appeals. He has appeared as counsel in matters involving terrorism, organised crime, murder, sex offences, drug importation, major fraud, corporate crime, human exploitation, war crimes and military offences.

He has particular expertise in federal criminal law, and can be briefed in matters pertaining to transnational crime and national security. He regularly represents members of the Australian Defence Force in military and civilian courts: e.g. Betts v Chief of Army [2017] ADFDAT 2; DPP v Morey [2020] VCC 320. He recently appeared in the Brereton Inquiry into Allegations of War Crimes by Australian Special Forces Soldiers in Afghanistan.

He has a special interest in criminal litigation involving human rights issues and has been counsel in several significant cases involving the Charter of Human Rights: e.g. Baker v DPP & Ors (2017) 270 A Crim R 318; DPP v Rayment (2018) 57 VR 622; and Richards v The Queen (2017) 267 A Crim R 280.

His practice extends to quasi-criminal proceedings, including commissions of inquiry, inquests, compulsory examinations, extradition, regulatory and corporate prosecutions, professional disciplinary proceedings, proceeds of crime applications, and administrative appeals with a criminal justice nexus. He is experienced in supervision order proceedings under the Serious Offender Act, and proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act.

He regularly appears in the Supreme Court and Court of Appeal. Notable cases include:

  • Shiel v The Queen (2017) 271 A Crim R 146 – as lead counsel in a successful appeal against sentence for a $1.5m banking fraud.
  • Dennis v The Queen [2017] VSCA 251 – as lead counsel in a successful appeal against sentence for child exploitation offending.
  • Jowett v The Queen [2017] VSCA 358 – as lead counsel in a sentence appeal for sexual offending.
  • Meadows v The Queen [2017] VSCA 290 – as lead counsel in a sentence appeal regarding commonwealth sentencing and issues of mental impairment (Verdins).
  • Nicholls v The Queen [2017] HCASL 316 - as junior counsel in an application for special leave to appeal to the High Court of Australia.
  • Secretary DJCS v ST [2019] VSC 722 - as sole counsel representing the first person in Victoria to be placed on a Serious Violent Offender Supervision Order with an Intensive Treatment Condition.
  • Re Meadows [2017] VSCA 294 – as sole counsel in a successful application for appeal bail.
  • DPP v Za Lian & Anor. [2019] VSCA 75 – as junior counsel in a successful defence of a Director’s Appeal against current sentencing practices for stranger rape.
  • Wilson v The Queen [2018] VSCA 219 - as junior counsel in an appeal against sentence for serious arson offences.
  • Carter (a pseudonym) v The Queen [2018] VSCA 88 – as junior counsel in an appeal against sentence for historical incest offending.
  • Gillespie (a pseudonym) v The Queen [2018] VSCA 151 – as junior counsel in an appeal against sentence for a female sexual offender.
  • DPP(Cth) v Boyles (a Pseudonym) [2016] VSCA 267 – as junior counsel in a successful defence of a Commonwealth Director’s Appeal against sentence for online offending.
  • Richards (a Pseudonym) v The Queen [2017] VSCA 57 – as junior counsel in a successful application for appeal bail.
  • Re KN [2020] VSC 35 – as sole counsel in a successful Supreme Court bail application.
  • Re JM [2019] VSC 156 – as sole counsel in a successful Supreme Court bail application.
  • Re Blencowe [2017] VSC 273 – as sole counsel in a successful Supreme Court bail application.
  • Re Johnstone [No 2] [2018] VSC 803 – as junior counsel in a successful bail appeal.
  • Re CWE (No.2) [2019] VSC 660 - as sole counsel in a plea for a breach of a Serious Violent Offender Supervision Order. 

Prior to being called to the bar, Raphael was an Accredited Specialist in Criminal Law, and gained 9 years of experience as a solicitor-advocate. He was the Senior Advocate (Appeals and Indictable Crime) at Victoria Legal Aid, an Associate Public Defender at VLA Chambers, Senior Federal Prosecutor at the Commonwealth DPP, and a Solicitor at the Office of Public Prosecution’s Specialist Sex Offences Unit. He also interned 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).

Raphael has a part-time appointment as Lecturer in Law & Criminology at La Trobe University Law School, where he teaches Criminal Law, Evidence and Criminal Procedure, as well as occasional electives in Federal Criminal Law and Border Protection Law. 

He holds an LLB and BA(Hons) majoring in Philosophy, Political Science and International Relations from the University of Western Australia. He obtained a Masters of Law (Public International Law) and graduate qualifications in Military Law and Legal Practice from the Australian National University. 

He is commissioned as a legal officer (Lieutenant) in the Royal Australian Navy, and has served as the Honorary Vice-Consul for the Republic of Mali in Australia since 2007.

Raphael is reading with Ruth Shann. His senior mentors are Daniel Gurvich QC and Felicity Gerry QC.