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Salvatore David Incandela acted ‘like a predator’ court hears

The sentencing of an “opportunistic” convicted rapist who preyed on a “naive, almost childlike” woman has been postponed. Find out why.

Australia's Court System

An “opportunistic” rapist will learn his fate in the ACT Supreme Court next week after his sentence was stood down due to mental health concerns.

Salvatore David Incandela, 41, was found guilty of raping a woman in November 2020 following a week-long trial earlier this year and was due to be sentenced on Friday.

On the night of the incident the woman went on a date with another man who she had met on an online dating site.

The other man drove her to his house on the other side of the city for a barbecue.

She and her date both drank during the night and the man told Incandela he was tired and did not think anything between him and the woman would happen that night.

Incandela was a friend of the man who was at the house during the evening.

At the end of the night, because the woman did not have a ride, Incandela offered to drive her home.

Instead of assisting the intoxicated woman to get home safely Incandela raped her at a nature reserve in Spence.

Salvatore Incandela was found guilty of raping a woman he offered to drive home. Generic picture.
Salvatore Incandela was found guilty of raping a woman he offered to drive home. Generic picture.

Throughout Friday’s sentencing hearing Incandela acted erratically and appeared distressed causing Chief Justice Lucy McCallum to raise concerns about his well-being.

The convicted rapist was seen holding his head while huffing and puffing and was also seen hanging his head.

Court proceedings were forced to stop multiple times due to allow Incandela to calm down.

Defence Barrister Travis Jackson told the court his client was illiterate and had a difficult upbringing and suggested it was unclear if Incandela knew the woman was intoxicated.

During Mr Jackson’s submissions Ms McCallum made comments about the vulnerability of the woman compared to Incandela.

Ms McCallum described the victim as a “naive kind of person” who was “almost childlike”.

In response to Mr Jackson’s submission about Incandela’s illiteracy the judge said it only affected his ability to read and said he was not vulnerable in the same way the victim was.

Salvatore Incandela will learn his fate next week. Picture: Julia Kanapathippillai
Salvatore Incandela will learn his fate next week. Picture: Julia Kanapathippillai

Mr Jackson did not deny the impact of the crime on the woman’s mental health, but said the mental health issues she suffered were not purely caused by the crime.

The lawyer said his client had not expressed any remorse for his actions.

Crown prosecutor Trent Hickey told the court a suspended sentence would be “utterly inadequate”.

“He knew full well what he was doing,” Mr Hickey said.

“Like a predator he was opportunistic on this occasion.

As Mr Hickey told the judge Incandela had lied during a recorded police interview, the convicted rapist yelled “I did not”.

Salvatore Incandela will learn his fate on June 10.

Original URL: https://www.dailytelegraph.com.au/newslocal/canberra/salvatore-david-incandela-acted-like-a-predator-court-hears/news-story/84da772426c35cb7e91a7f6d9962808a