Truck driver Anthony Costanzo who fatally struck elderly man in Melbourne's east could walk free in less than 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, having already served more than 12 months 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 almost two years ago.
He had been seeking retribution after Row followed him and then drove into his cousin.
Row had been called by a night-shift worker after Costanzo's truck pulled into the Hansen Technologies car park in Melbourne's east about 10.45pm on September 3, 2023.
Costanzo lived in an apartment opposite and manipulated the site's boom gates to let his truck inside.
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 Row following and calling 000 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 Row — a group of men were gathered on the street.
Two men approached Row and one said 'what the f*** are you going to do?'
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.
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 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 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.
Justice Incerti said the sentence did not reflect the value of Row's life.
Costanzo was also disqualified from driving for 24 months, starting on Monday.
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9 News
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Killer claims ex-partner hit her head during argument
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The Advertiser
a day ago
- The Advertiser
Killer claims ex-partner hit her head during argument
An accused murderer claims his ex-girlfriend hit her head on the floor and died after one of their arguments became physical. Lachlan Young's barrister made the allegation as he questioned witness Benjamin O'Keefe over his involvement in Hannah McGuire's death. Mr O'Keefe told the Victorian Supreme Court he saw Young set fire to a Mitsubishi Triton early on April 5, 2024, and later learnt Ms McGuire's body was inside. But barrister Glenn Casement claimed Mr O'Keefe knew Ms McGuire was in the ute because Young told him she was dead. The lawyer said Young called Mr O'Keefe at 2.53am on April 5 to say "something had happened". When Mr O'Keefe allegedly arrived at the Sebastopol home in regional Victoria, Young explained he had forcibly pushed Ms McGuire during an argument. Ms McGuire was thrown to the ground and died after she hit her head on the bathroom floor, Mr Casement claimed. Young has admitted he killed Ms McGuire but denied he murdered her, instead offering to plead guilty to manslaughter. That offer was rejected by prosecutors at the start of his murder trial. Mr Casement claimed Mr O'Keefe saw Ms McGuire on the floor and devised a plan with Young to move her body to Scarsdale. The lawyer alleged the pair drove in convoy to the remote bushland and, when they arrived, Mr O'Keefe was the one to set fire to the Triton using his own blowtorch. Mr Casement claimed Mr O'Keefe then lied about his involvement to avoid being charged as an accessory to murder. Mr O'Keefe was arrested and questioned over Ms McGuire's death, but he was never charged. He denied all of the defence allegations, repeatedly saying he never went to Young's home and did not know Ms McGuire's body was in the ute. Mr O'Keefe also rejected the claim he was the one to start the fire, maintaining he stayed in his own car as Young lit the blaze. 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Mr O'Keefe told the Victorian Supreme Court he saw Young set fire to a Mitsubishi Triton early on April 5, 2024, and later learnt Ms McGuire's body was inside. But barrister Glenn Casement claimed Mr O'Keefe knew Ms McGuire was in the ute because Young told him she was dead. The lawyer said Young called Mr O'Keefe at 2.53am on April 5 to say "something had happened". When Mr O'Keefe allegedly arrived at the Sebastopol home in regional Victoria, Young explained he had forcibly pushed Ms McGuire during an argument. Ms McGuire was thrown to the ground and died after she hit her head on the bathroom floor, Mr Casement claimed. Young has admitted he killed Ms McGuire but denied he murdered her, instead offering to plead guilty to manslaughter. That offer was rejected by prosecutors at the start of his murder trial. Mr Casement claimed Mr O'Keefe saw Ms McGuire on the floor and devised a plan with Young to move her body to Scarsdale. The lawyer alleged the pair drove in convoy to the remote bushland and, when they arrived, Mr O'Keefe was the one to set fire to the Triton using his own blowtorch. Mr Casement claimed Mr O'Keefe then lied about his involvement to avoid being charged as an accessory to murder. Mr O'Keefe was arrested and questioned over Ms McGuire's death, but he was never charged. He denied all of the defence allegations, repeatedly saying he never went to Young's home and did not know Ms McGuire's body was in the ute. Mr O'Keefe also rejected the claim he was the one to start the fire, maintaining he stayed in his own car as Young lit the blaze. He told the jury he had been truthful to police and did not lie about Young's plan to drug Ms McGuire. He claimed Young told him on April 2 that he would 'roofie' Ms McGuire and fabricate a crash with her in a car, so he could scare her out of taking their house. Mr O'Keefe admitted he did go with Young to the Scarsdale bushland and then deleted security camera footage from his home. But he told the jury he wiped the recording because he did not want to be connected to the car fire. He maintained he only suspected Ms McGuire was in the vehicle after he learnt she had died later that morning. Mr O'Keefe said he visited Young after learning the news, worried he may have been implicated in a murder. "I went up to him and said 'Hannah better not have been in that car'," he told the jury. He claimed Young told him Ms McGuire was already dead as she had been suffocated. Mr O'Keefe admitted he did not contact police, instead deciding to drink with Young and then go on a camping trip with friends. He shared what had happened and his mates advised him to go to the police, but he instead returned home and watched a movie. Detectives arrested Mr O'Keefe on April 7 and questioned him for almost two hours over the murder of Ms McGuire. The jury was told Mr O'Keefe learnt in November 2024 that he would not be facing any charges. The trial before Justice James Elliott continues. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491 An accused murderer claims his ex-girlfriend hit her head on the floor and died after one of their arguments became physical. Lachlan Young's barrister made the allegation as he questioned witness Benjamin O'Keefe over his involvement in Hannah McGuire's death. Mr O'Keefe told the Victorian Supreme Court he saw Young set fire to a Mitsubishi Triton early on April 5, 2024, and later learnt Ms McGuire's body was inside. But barrister Glenn Casement claimed Mr O'Keefe knew Ms McGuire was in the ute because Young told him she was dead. The lawyer said Young called Mr O'Keefe at 2.53am on April 5 to say "something had happened". When Mr O'Keefe allegedly arrived at the Sebastopol home in regional Victoria, Young explained he had forcibly pushed Ms McGuire during an argument. Ms McGuire was thrown to the ground and died after she hit her head on the bathroom floor, Mr Casement claimed. Young has admitted he killed Ms McGuire but denied he murdered her, instead offering to plead guilty to manslaughter. That offer was rejected by prosecutors at the start of his murder trial. Mr Casement claimed Mr O'Keefe saw Ms McGuire on the floor and devised a plan with Young to move her body to Scarsdale. The lawyer alleged the pair drove in convoy to the remote bushland and, when they arrived, Mr O'Keefe was the one to set fire to the Triton using his own blowtorch. Mr Casement claimed Mr O'Keefe then lied about his involvement to avoid being charged as an accessory to murder. Mr O'Keefe was arrested and questioned over Ms McGuire's death, but he was never charged. He denied all of the defence allegations, repeatedly saying he never went to Young's home and did not know Ms McGuire's body was in the ute. Mr O'Keefe also rejected the claim he was the one to start the fire, maintaining he stayed in his own car as Young lit the blaze. He told the jury he had been truthful to police and did not lie about Young's plan to drug Ms McGuire. He claimed Young told him on April 2 that he would 'roofie' Ms McGuire and fabricate a crash with her in a car, so he could scare her out of taking their house. Mr O'Keefe admitted he did go with Young to the Scarsdale bushland and then deleted security camera footage from his home. But he told the jury he wiped the recording because he did not want to be connected to the car fire. He maintained he only suspected Ms McGuire was in the vehicle after he learnt she had died later that morning. Mr O'Keefe said he visited Young after learning the news, worried he may have been implicated in a murder. "I went up to him and said 'Hannah better not have been in that car'," he told the jury. He claimed Young told him Ms McGuire was already dead as she had been suffocated. Mr O'Keefe admitted he did not contact police, instead deciding to drink with Young and then go on a camping trip with friends. He shared what had happened and his mates advised him to go to the police, but he instead returned home and watched a movie. Detectives arrested Mr O'Keefe on April 7 and questioned him for almost two hours over the murder of Ms McGuire. The jury was told Mr O'Keefe learnt in November 2024 that he would not be facing any charges. The trial before Justice James Elliott continues. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491 An accused murderer claims his ex-girlfriend hit her head on the floor and died after one of their arguments became physical. Lachlan Young's barrister made the allegation as he questioned witness Benjamin O'Keefe over his involvement in Hannah McGuire's death. Mr O'Keefe told the Victorian Supreme Court he saw Young set fire to a Mitsubishi Triton early on April 5, 2024, and later learnt Ms McGuire's body was inside. But barrister Glenn Casement claimed Mr O'Keefe knew Ms McGuire was in the ute because Young told him she was dead. The lawyer said Young called Mr O'Keefe at 2.53am on April 5 to say "something had happened". When Mr O'Keefe allegedly arrived at the Sebastopol home in regional Victoria, Young explained he had forcibly pushed Ms McGuire during an argument. Ms McGuire was thrown to the ground and died after she hit her head on the bathroom floor, Mr Casement claimed. Young has admitted he killed Ms McGuire but denied he murdered her, instead offering to plead guilty to manslaughter. That offer was rejected by prosecutors at the start of his murder trial. Mr Casement claimed Mr O'Keefe saw Ms McGuire on the floor and devised a plan with Young to move her body to Scarsdale. The lawyer alleged the pair drove in convoy to the remote bushland and, when they arrived, Mr O'Keefe was the one to set fire to the Triton using his own blowtorch. Mr Casement claimed Mr O'Keefe then lied about his involvement to avoid being charged as an accessory to murder. Mr O'Keefe was arrested and questioned over Ms McGuire's death, but he was never charged. He denied all of the defence allegations, repeatedly saying he never went to Young's home and did not know Ms McGuire's body was in the ute. Mr O'Keefe also rejected the claim he was the one to start the fire, maintaining he stayed in his own car as Young lit the blaze. He told the jury he had been truthful to police and did not lie about Young's plan to drug Ms McGuire. He claimed Young told him on April 2 that he would 'roofie' Ms McGuire and fabricate a crash with her in a car, so he could scare her out of taking their house. Mr O'Keefe admitted he did go with Young to the Scarsdale bushland and then deleted security camera footage from his home. But he told the jury he wiped the recording because he did not want to be connected to the car fire. He maintained he only suspected Ms McGuire was in the vehicle after he learnt she had died later that morning. Mr O'Keefe said he visited Young after learning the news, worried he may have been implicated in a murder. "I went up to him and said 'Hannah better not have been in that car'," he told the jury. He claimed Young told him Ms McGuire was already dead as she had been suffocated. Mr O'Keefe admitted he did not contact police, instead deciding to drink with Young and then go on a camping trip with friends. He shared what had happened and his mates advised him to go to the police, but he instead returned home and watched a movie. Detectives arrested Mr O'Keefe on April 7 and questioned him for almost two hours over the murder of Ms McGuire. The jury was told Mr O'Keefe learnt in November 2024 that he would not be facing any charges. The trial before Justice James Elliott continues. 1800 RESPECT (1800 737 732) Lifeline 13 11 14 Men's Referral Service 1300 766 491
7NEWS
2 days ago
- 7NEWS
Workmate shares Lachlan Young's alleged plan to 'roofie' former partner Hannah McGuire before she was killed
An accused murderer planned to drug his ex-girlfriend and crash her in a car so he could scare her out of taking their house, one of his workmates claims. Benjamin O'Keefe told the Victorian Supreme Court that Lachlan Young shared his plan to harm his former partner Hannah McGuire on April 2, 2024. 'He started talking about wanting to roofie Hannah and take her out bush and scare her so she wouldn't take the house and other things from him,' O'Keefe said in evidence on Tuesday. O'Keefe claimed Young asked him to act as a getaway driver, which he ultimately declined after speaking to his girlfriend. Two days later, O'Keefe said he received another message from Young asking him to meet at a nearby corner at midnight. O'Keefe told the jury he went to the designated spot without his phone but Young wasn't there so he returned home. He said he then heard a car horn and went to his front lawn to see Young waiting in an orange Mitsubishi Triton. O'Keefe told the jury he did not look inside the ute and instead just obeyed Young's instructions to follow behind in his vehicle. He claimed they went out to remote bushland where Young drove the Triton into some trees and then ordered O'Keefe to turn his car around. Young then used a yellow blow torch to set fire to the front of the Triton, O'Keefe told the jury. After holding the blowtorch there for a few minutes, it's alleged Young then returned to O'Keefe's car but told him to wait a minute. '(We were) just watching the car to make sure it caught on fire,' O'Keefe told the jury. 'That's what Lachie wanted.' O'Keefe claimed Young gave him $45 after the incident although he never explained why. Young, 23, is accused of murdering McGuire in the early hours of April 5, before driving her body in the Triton to remote bushland and setting the ute alight. He has admitted to killing McGuire but denies the charge of murder, claiming her death was a spontaneous and unplanned incident. In his opening address, defence barrister Glenn Casement told the jury they should be critical of O'Keefe's evidence, saying he was not a credible witness. Casement is expected to cross-examine O'Keefe on Wednesday after senior crown prosecutor Kristie Churchill finishes her questioning.
