Killer who struck elderly man could be out in two years
Anthony Costanzo, 35, appeared to hold back tears and then smiled at his supporters after Victorian Supreme Court Justice Rita Incerti sentenced him to five years behind bars.
He could be released from custody in just under two years, having already served more than a year of his three-year non-parole period.
Costanzo had pleaded guilty to manslaughter by criminal negligence after he fatally struck 76-year-old Peter Row in September 2023.
He had been seeking retribution after Mr Row followed him and then drove into his cousin.
Mr Row had been called by a night-shift worker after Costanzo's truck pulled into Hansen Technologies car park in Melbourne's east about 10.45pm on September 3.
Costanzo lived in an apartment opposite and manipulated the site's boom gates to let his truck inside.
Mr Row arrived about 11.20pm in his Holden and stopped behind Costanzo's truck.
The truck reversed into the front of the Holden and drove out of the car park, with Mr Row following and calling triple zero to report what he believed was an attempted burglary.
Costanzo drove to his mother's home and when he arrived at the property - followed by Mr Row - a group of men were gathered on the street.
Two men approached Mr Row and one said "what the f*** are you going to do?"
Mr Row drove into that man, who was Costanzo's cousin and he hit the bonnet before standing up again.
He drove off and Costanzo pursued him in the truck without lights turned on.
Mr Row, who was still on the phone to police, drove to a nearby street and stopped 400m from a corner with his car headlights on.
He got out and stood near a back passenger door, before Costanzo rounded a bend and drove into him.
Justice Incerti accepted Costanzo never intended to kill Mr Row and was simply unable to avoid the collision.
But the judge told Costanzo he never should have begun the pursuit in the first place.
"Nothing good was ever going to come of your conduct," Justice Incerti said on Monday.
"It was simply stupid and reckless ... You had other options but made the worst possible choice."
The judge described Costanzo's actions after Mr Row's death as callous, noting he fled without calling for help and lied to police about his involvement.
Those decisions showed Costanzo was not remorseful at the time although Justice Incerti said his subsequent plea indicated a degree of remorse.
Costanzo's prospects of rehabilitation could also be considered good given his age, his strong family support and the positive way he had conducted himself in prison, the judge said.
He was jailed for five years with a non-parole period of three years, but Justice Incerti said the sentence did not reflect the value of Mr Row's life.
Costanzo was also disqualified from driving for 24 months, starting on Monday.
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