‘Danger to women’: Merri Creek rapist loses bid to cut sentence

“Quite obviously, the applicant’s vile conduct is apt to provoke a strong, visceral, emotional response.”

The Court of Appeal said sentencing judge Liz Gaynor had been entirely correct to say that the protection of women must dominate her decision about how long Russo should spend behind bars.

“That, of course, does not mean that it is acceptable to impose a sentence simply to ‘warehouse’ the applicant. But it does mean that a proportionate sentence towards the upper end of the range of available sentences of imprisonment is warranted,” the decision said.

Russo was jailed for up to 20 years and four months in 2023 after he pleaded guilty to eight charges including rape and sexual assault.

He grabbed 26-year-old woman from behind as she was jogging along Merri Creek, in Melbourne’s inner north, in December 2019.

He dragged her into the water and held her head under, repeatedly raping and sexually assaulting her over 2½ hours.

The woman eventually convinced him to take her somewhere as she was cold, and they walked to a McDonald’s where she called for help.

Russo had been free from prison for only four months when he attacked the woman, after serving time for raping a 16-year-old girl near public toilets.

Priest and Forrest said Russo’s violent sexual offending was one of the worst the court had ever seen.

“The applicant presents a danger to women, and, so the evidence suggests, will continue to be dangerous long into the future. Women in the community must be protected from him.”

During the appeal hearing, defence barrister Paul Smallwood told the court Russo’s sentence did not sufficiently take his client’s circumstances into account.

Smallwood claimed Russo’s upbringing – which included being exposed to heroin in utero, and being raised in a “home of neglect” – had a profound impact on his cognitive, emotional and psychological development.

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue 1300 224 636.

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