Event and Time
Event Description
- Charges against Mr. Portelli included stalking (charge 1), kidnapping (charge 2), possession of a dangerous article without lawful excuse (summary charge 3), and committing an indictable offence while on bail (summary charge 6).
- The key event spanned from May 23, 2021, to July 17, 2021, involving Mr. Portelli's ongoing harassment of Ms. Erica Hanns after their relationship ended.
Application and Claims
- Prosecution's Claims: Mr. Portelli engaged in a course of conduct that constituted stalking and kidnapping. The prosecution argued that his actions represented severe breaches of the law, justifying a custodial sentence.
- Defence's Claims: Mr. Portelli, through counsel, acknowledged the need for imprisonment but argued for a non-custodial sentence or a combination with a community correction order based on mitigating circumstances, including new neuropsychological material that could support a moderated sentence.
Judicial Decisions
- The court recognized Mr. Portelli's guilty pleas but considered the serious nature of the charges. It ruled that due to the absence of mitigating factors as outlined in section 5(2H) of the Sentencing Act 1991 (Vic), a custodial sentence for kidnapping, a category 2 offence, was mandatory.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Position:
- Argued for a significant term of imprisonment based on the severity and circumstances of the offences. - Highlighted Mr. Portelli's criminal history and the need for deterrence and community protection.
- Defence Position:
- Asserted that Mr. Portelli's intellectual functioning represented a mitigating factor but did not meet the required legal threshold for exceptions to a custodial sentence. - Sought a combination sentence to allow Mr. Portelli an opportunity to rehabilitate in a supervised environment.