Raphael de Vietri


Barrister

Mobile:
Admitted:
3 Feb 2011
Bar:
7 May 2020
Location:
Room 1715, William Crockett Chambers,
Level 17 460 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, homicide, sex offences, drug importation, major fraud, human exploitation, war crimes and military offences.

He also accepts briefs in regulatory and corporate prosecutions, including ASIC matters, environmental crime, aviation and fisheries offences, and WorkSafe prosecutions. 

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 (No.2) (2017) 267 A Crim R 280.

His practice extends to quasi-criminal proceedings, including commissions of inquiry, corruption commissions, inquests, compulsory examinations, extradition, 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.

Most recent appearances have included:

  • Re ER [2022] VSC 88 - counsel for the applicant in a Supreme Court bail application
  • Director of Military Prosecutions v Private 'N' - RMJ No 2021-046-DFM - lead counsel for the defendant in a military prosecution where the accused (a soldier in the Australian Army) was charged with sexual offences.
  • Re MTE (No. 4) [2021] VSC 622 - sole counsel in a successful application for review of a serious offender supervision order. 
  • DPP v Chee [2021] VSC 355 - sole counsel for the defendant in a contested committal for attempted murder, and a subsequent contested plea to a serious injury charge in the Supreme Court.
  • DPP v SS [2021] VSC 563 - sole counsel for the defendant in a Supreme Court contest on assault and breach charges. 
  • DPP v SMN [2021] VCC 922(R) - sole counsel for the defendant in judge-alone trial for a charge of rape - acquittal. 
  • DPP v SJW (No. 2) [2021] VSC 55 - sole counsel in a Supreme Court plea for defendant.
  • Greene (a pseudonym) v Secretary to the Department of Justice [2021] VSCA 79 - sole counsel in an appeal under the Serious Offenders Act
  • Dickinson v The Queen [2021] VSCA 50 - junior counsel for the CDPP in appeal against sentence for federal fraud.
  • DPP v SS (No.3) [2021] VSC 1 - sole counsel for defendant in a Supreme Court plea.
  • Re SS (No. 2) [2021] VSC 526 - sole counsel for the applicant in a Supreme Court bail application for offences against the Serious Offenders Act
  • Director of Military Prosecutions v Seaman 'R' RMJ No. 2021-001-DFM - sole counsel for the defendant in a military tribunal, Navy sailor charged with sexual offences, plea before a Defence Force Magistrate.
  • DPP v Sandoval [2021] VCC 763 - a plea for whitecollar banking fraud. 
  • DPP v Williams [2021] VCC 1139 - a plea for sexual offending.
  • DPP v Dabbagh [2021] VCC 891- armed robbery plea.
  • DPP v SJW [2020] VSC 746 - sole counsel for the defendant in a plea for drug offending and breaches of a Serious Violent Offender Supervision Order, where Supervision Order imposed for index offending of murder. 
  • Camurtay v The Queen [2020] VSCA 221- junior counsel in a successful appeal against conviction for rape, where there was a question about the fitness of the accused to stand trial. 
  • Cano (a pseudonym) v The Queen [2020] VSCA 308 - junior counsel for the applicant in an interlocutory appeal regarding the admissibility of tendency evidence. 
  • Secretary to the Department of Justice and Community Safety v SS (Review) [2020] VSC 849 - sole counsel in Supreme Court review.
  • Secretary to the Department of Justice and Community Safety v SS (No. 2) [2020] VSC 734 - sole counsel for the defendant in a 4-day summary contest before a justice of the Supreme Court where the accused was charged with contravention of a Serious Violent Offender Supervision Order, where the index offending was murder. 
  • Re MTE [2020] VSC 243 - sole counsel for the respondent in a Serious Offender interim supervision order, where the index offending was murder, and where the respondent successfully resisted the imposition of an electronic alcohol monitoring bracelet condition. 
  • Re MTE (No 2) [2020] VSC 356 - sole counsel for the respondent in a post-sentence supervision order where the index offending was murder, conditions and duration contested. 
  • Re MTE (No 3) [2020] VSC 646 - sole counsel for the respondent in a post-sentence supervision order where the index offending was murder, where there was a dispute between parties about whether and to what extent the court should publish certain details. 
  • Re SS [2020] VSC 618 - sole counsel for the applicant in an application for bail, where the accused was arrested on breach of a post-sentence Supervision Order imposed for index offending of murder. 
  • Secretary to the Department of Justice and Community Safety v SJW [2020] VSC 503 - sole counsel for the respondent in an application for a post-sentence supervision order, where the index offending was murder.
  • Re KN [2020] VSC 35 – sole counsel in a successful Supreme Court bail application.
  • DPP v Reed [2020] VCC 1316 – plea, theft of a firearm.
  • DPP(Cth) v Hough [2020] VCC 1534 – plea, importation of a marketable quantity of border-controlled drugs and trafficking.
  • DPP(Cth) v Sioli [2020] VCC 1607 – plea, taxation fraud of $101K.
  • DPP v Dickinson [2020] VCC 1867 - plea, federal fraud. 
  • Secretary to the Departement of Justice v Teel (a pseudonym) [2020] VCC 1088 - serious offender supervision order. 
  • Director of Military Prosecutions v Pilot Officer 'C' RMJ No. 2020-019-DFM - defending officer in a military trial, where the accused (a pilot in the Royal Australian Air Force) was charged with fraud and acquitted on the primary charges.

Other notable cases include:

  • Shiel v The Queen (2017) 271 A Crim R 146 – lead counsel in a successful appeal against sentence for a $1.5m banking fraud.
  • Dennis v The Queen [2017] VSCA 251 – lead counsel in a successful appeal against sentence for child exploitation offending.
  • Jowett v The Queen [2017] VSCA 358 – lead counsel in a sentence appeal for sexual offending.
  • Meadows v The Queen [2017] VSCA 290 – lead counsel in a sentence appeal regarding commonwealth sentencing and issues of mental impairment (Verdins).
  • Nicholls v The Queen [2017] HCASL 316 - junior counsel in an application for special leave to appeal to the High Court of Australia.
  • Secretary DJCS v ST [2019] VSC 722 - 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 – sole counsel in a successful application for appeal bail.
  • DPP v Za Lian & Anor. [2019] VSCA 75 – 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 - junior counsel in an appeal against sentence for serious arson offences.
  • Carter (a pseudonym) v The Queen [2018] VSCA 88 – junior counsel in an appeal against sentence for historical incest offending.
  • Gillespie (a pseudonym) v The Queen [2018] VSCA 151 – junior counsel in an appeal against sentence for a female sexual offender.
  • DPP(Cth) v Boyles (a Pseudonym) [2016] VSCA 267 – 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 – junior counsel in a successful application for appeal bail.
  • Re JM [2019] VSC 156 – as sole counsel in a successful Supreme Court bail application.
  • Re Blencowe [2017] VSC 273 – sole counsel in a successful Supreme Court bail application.
  • Re Johnstone [No 2] [2018] VSC 803 – junior counsel in a successful bail appeal.
  • Re CWE (No.2) [2019] VSC 660 - 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 is Adjunct Senior Lecturer at La Trobe University Law School, where he has taught Criminal Law, Criminal Procedure, Evidence as well as occasional electives in Federal Criminal Law and Border Protection Law since 2016. 

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 a commissioned legal officer (Lieutenant) in the Royal Australian Navy, having joined the Australian Defence Force reserve in 2008 and graduated from the Royal Australian Naval College in 2013. He has served as the Honorary Vice-Consul for the Republic of Mali in Australia since 2006.

Raphael read with Ruth Shann SC at Gorman Chambers. He was mentored by Daniel Gurvich QC and Felicity Gerry QC.

____________________________________________________________________________________________________________________________

Accreditations: 

  • Victorian Bar - Indictable Crime Certificate, certifying barrister's competence to conduct indictable trials
  • Victoria Legal Aid - Preferred Trial Barrister List
  • Commonwealth Director of Public Prosecutions - Level 2 External Counsel Panel  
  • Office of Public Prosecutions, Victoria - Briefing List 
  • Commonwealth Government - approved rate
  • Australian Defence Force - Defence Counsel Services Advocacy Panel 
  • Australian Government Security Vetting Agency - National Security Clearance, Negative Vetting Level 2

 

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
Commercial Law
Criminal Law
Environmental Law & Planning Law
Government
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
Tax Law & Revenue 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, homicide, sex offences, drug importation, major fraud, human exploitation, war crimes and military offences.

He also accepts briefs in regulatory and corporate prosecutions, including ASIC matters, environmental crime, aviation and fisheries offences, and WorkSafe prosecutions. 

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 (No.2) (2017) 267 A Crim R 280.

His practice extends to quasi-criminal proceedings, including commissions of inquiry, corruption commissions, inquests, compulsory examinations, extradition, 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.

Most recent appearances have included:

  • Re ER [2022] VSC 88 - counsel for the applicant in a Supreme Court bail application
  • Director of Military Prosecutions v Private 'N' - RMJ No 2021-046-DFM - lead counsel for the defendant in a military prosecution where the accused (a soldier in the Australian Army) was charged with sexual offences.
  • Re MTE (No. 4) [2021] VSC 622 - sole counsel in a successful application for review of a serious offender supervision order. 
  • DPP v Chee [2021] VSC 355 - sole counsel for the defendant in a contested committal for attempted murder, and a subsequent contested plea to a serious injury charge in the Supreme Court.
  • DPP v SS [2021] VSC 563 - sole counsel for the defendant in a Supreme Court contest on assault and breach charges. 
  • DPP v SMN [2021] VCC 922(R) - sole counsel for the defendant in judge-alone trial for a charge of rape - acquittal. 
  • DPP v SJW (No. 2) [2021] VSC 55 - sole counsel in a Supreme Court plea for defendant.
  • Greene (a pseudonym) v Secretary to the Department of Justice [2021] VSCA 79 - sole counsel in an appeal under the Serious Offenders Act
  • Dickinson v The Queen [2021] VSCA 50 - junior counsel for the CDPP in appeal against sentence for federal fraud.
  • DPP v SS (No.3) [2021] VSC 1 - sole counsel for defendant in a Supreme Court plea.
  • Re SS (No. 2) [2021] VSC 526 - sole counsel for the applicant in a Supreme Court bail application for offences against the Serious Offenders Act
  • Director of Military Prosecutions v Seaman 'R' RMJ No. 2021-001-DFM - sole counsel for the defendant in a military tribunal, Navy sailor charged with sexual offences, plea before a Defence Force Magistrate.
  • DPP v Sandoval [2021] VCC 763 - a plea for whitecollar banking fraud. 
  • DPP v Williams [2021] VCC 1139 - a plea for sexual offending.
  • DPP v Dabbagh [2021] VCC 891- armed robbery plea.
  • DPP v SJW [2020] VSC 746 - sole counsel for the defendant in a plea for drug offending and breaches of a Serious Violent Offender Supervision Order, where Supervision Order imposed for index offending of murder. 
  • Camurtay v The Queen [2020] VSCA 221- junior counsel in a successful appeal against conviction for rape, where there was a question about the fitness of the accused to stand trial. 
  • Cano (a pseudonym) v The Queen [2020] VSCA 308 - junior counsel for the applicant in an interlocutory appeal regarding the admissibility of tendency evidence. 
  • Secretary to the Department of Justice and Community Safety v SS (Review) [2020] VSC 849 - sole counsel in Supreme Court review.
  • Secretary to the Department of Justice and Community Safety v SS (No. 2) [2020] VSC 734 - sole counsel for the defendant in a 4-day summary contest before a justice of the Supreme Court where the accused was charged with contravention of a Serious Violent Offender Supervision Order, where the index offending was murder. 
  • Re MTE [2020] VSC 243 - sole counsel for the respondent in a Serious Offender interim supervision order, where the index offending was murder, and where the respondent successfully resisted the imposition of an electronic alcohol monitoring bracelet condition. 
  • Re MTE (No 2) [2020] VSC 356 - sole counsel for the respondent in a post-sentence supervision order where the index offending was murder, conditions and duration contested. 
  • Re MTE (No 3) [2020] VSC 646 - sole counsel for the respondent in a post-sentence supervision order where the index offending was murder, where there was a dispute between parties about whether and to what extent the court should publish certain details. 
  • Re SS [2020] VSC 618 - sole counsel for the applicant in an application for bail, where the accused was arrested on breach of a post-sentence Supervision Order imposed for index offending of murder. 
  • Secretary to the Department of Justice and Community Safety v SJW [2020] VSC 503 - sole counsel for the respondent in an application for a post-sentence supervision order, where the index offending was murder.
  • Re KN [2020] VSC 35 – sole counsel in a successful Supreme Court bail application.
  • DPP v Reed [2020] VCC 1316 – plea, theft of a firearm.
  • DPP(Cth) v Hough [2020] VCC 1534 – plea, importation of a marketable quantity of border-controlled drugs and trafficking.
  • DPP(Cth) v Sioli [2020] VCC 1607 – plea, taxation fraud of $101K.
  • DPP v Dickinson [2020] VCC 1867 - plea, federal fraud. 
  • Secretary to the Departement of Justice v Teel (a pseudonym) [2020] VCC 1088 - serious offender supervision order. 
  • Director of Military Prosecutions v Pilot Officer 'C' RMJ No. 2020-019-DFM - defending officer in a military trial, where the accused (a pilot in the Royal Australian Air Force) was charged with fraud and acquitted on the primary charges.

Other notable cases include:

  • Shiel v The Queen (2017) 271 A Crim R 146 – lead counsel in a successful appeal against sentence for a $1.5m banking fraud.
  • Dennis v The Queen [2017] VSCA 251 – lead counsel in a successful appeal against sentence for child exploitation offending.
  • Jowett v The Queen [2017] VSCA 358 – lead counsel in a sentence appeal for sexual offending.
  • Meadows v The Queen [2017] VSCA 290 – lead counsel in a sentence appeal regarding commonwealth sentencing and issues of mental impairment (Verdins).
  • Nicholls v The Queen [2017] HCASL 316 - junior counsel in an application for special leave to appeal to the High Court of Australia.
  • Secretary DJCS v ST [2019] VSC 722 - 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 – sole counsel in a successful application for appeal bail.
  • DPP v Za Lian & Anor. [2019] VSCA 75 – 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 - junior counsel in an appeal against sentence for serious arson offences.
  • Carter (a pseudonym) v The Queen [2018] VSCA 88 – junior counsel in an appeal against sentence for historical incest offending.
  • Gillespie (a pseudonym) v The Queen [2018] VSCA 151 – junior counsel in an appeal against sentence for a female sexual offender.
  • DPP(Cth) v Boyles (a Pseudonym) [2016] VSCA 267 – 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 – junior counsel in a successful application for appeal bail.
  • Re JM [2019] VSC 156 – as sole counsel in a successful Supreme Court bail application.
  • Re Blencowe [2017] VSC 273 – sole counsel in a successful Supreme Court bail application.
  • Re Johnstone [No 2] [2018] VSC 803 – junior counsel in a successful bail appeal.
  • Re CWE (No.2) [2019] VSC 660 - 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 is Adjunct Senior Lecturer at La Trobe University Law School, where he has taught Criminal Law, Criminal Procedure, Evidence as well as occasional electives in Federal Criminal Law and Border Protection Law since 2016. 

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 a commissioned legal officer (Lieutenant) in the Royal Australian Navy, having joined the Australian Defence Force reserve in 2008 and graduated from the Royal Australian Naval College in 2013. He has served as the Honorary Vice-Consul for the Republic of Mali in Australia since 2006.

Raphael read with Ruth Shann SC at Gorman Chambers. He was mentored by Daniel Gurvich QC and Felicity Gerry QC.

____________________________________________________________________________________________________________________________

Accreditations: 

  • Victorian Bar - Indictable Crime Certificate, certifying barrister's competence to conduct indictable trials
  • Victoria Legal Aid - Preferred Trial Barrister List
  • Commonwealth Director of Public Prosecutions - Level 2 External Counsel Panel  
  • Office of Public Prosecutions, Victoria - Briefing List 
  • Commonwealth Government - approved rate
  • Australian Defence Force - Defence Counsel Services Advocacy Panel 
  • Australian Government Security Vetting Agency - National Security Clearance, Negative Vetting Level 2