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Media Release - 14 August 2009 - John Caratozzolo

The Director of Public Prosecutions, Mr. Jeremy Rapke QC, today announced that he has completed reviews of the sentences handed down by Justice David Harper on John Caratozzolo on 29 July, 2009, and a co-accused youth on 12 August, 2009.

Caratozzolo and the youth (who cannot be named for legal reasons) pleaded guilty in the Victorian Supreme Court to the murder of Dr Zhongjun Cao in Footscray in January last year and other offences arising from their attack on Dr Cao and another man on the same night.

Mr. Rapke has determined there are no grounds for appeal by him in either case.

Mr. Rapke said after the sentence of Caratozzolo: “"I will review today's sentence as I do with all sentences. I will announce my decision as soon as I have completed my review."

Today Mr. Rapke said "I subsequently decided that it would be appropriate to await the sentence in the second matter, and my review of it, before announcing my decision as to whether either matter could be appealed by me. I now confirm that I will not file an appeal in either matter. The sentences imposed by Justice Harper were consistent with submissions made on my behalf on the appropriate range of sentence for such offending".

Mr. Rapke added "As a result of some comments which have been made in the media regarding these matters and my reviews of them, I reiterate that it is my practice to review every sentence handed down in the higher courts. I sometimes confirm, in response to media enquiries, that such reviews are taking place. It is important that it be understood that the fact that such a review is being undertaken should not be interpreted as a prejudgment of the possibility of a sentence being appellable. There are many factors to be carefully weighed, and in some cases, such as the present one, there are good reasons to delay the announcement of my decision.

"Accordingly, I trust that in future matters responsible members of the media will not misrepresent the fact that a review is being undertaken as signifying the possibility or likelihood of an appeal being filed".

Enquiries about this matter should be referred to the OPP's Media Liaison Unit on 96037467.