Merri Creek rapist Joel Russo loses bid to reduce prison sentence

A serial rapist who subjected a female jogger to a terrifying hours-long attack in “one of the worst cases” a judge has seen, has had his appeal for a more lenient sentence thrown out.

Joel Russo has had his appeal for a more lenient sentence thrown out. Picture: Facebook

A vile serial rapist serving a 20-year jail term for what was described by an experienced judge as “one of the worst” cases has had his appeal for a more lenient sentence thrown out.

Court of Appeal judges Phillip Priest and Terence Forrest on Thursday declared Joel Russo was “a danger to women” and that his prospects of rehabilitation were “extremely bleak”.

Russo, 30, had argued County Court judge Elizabeth Gaynor erred when sentencing him by focussing on community protection, and not mitigating factors including his deprived upbringing and guilty plea.

He said his punishment was manifestly excessive.

But Justices Priest and Forrest, in their ruling, said no error was detected in Judge Gaynor’s approach.

A judge described Joel Russo as a ‘danger to women’.

“We consider it to be incontrovertible that the applicant will present a considerable danger to women into the foreseeable future,” they said.

“Few, if any, cases of violent sexual offending within the experience of the members of this court have been as grave as the applicant’s.

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

“Women must be protected from the applicant’s violent sexual predations.”

In December 2019, Russo subjected a 25-year-old female student to a terrifying 2.5-hour ordeal along the Merri Creek Trail, grabbing her from behind as she walked listening to music, and dragging her down an embankment to the creek.

There he threatened her and held her head under the water for 30 seconds, telling her: “I’ll let you live if you let me f--- you”.

He subjected her to horrific sexual abuse on the banks of the creek, before apologising for raping her.

“I’ve ruined your life, haven’t I?” he asked her.

As it became dark, she managed to convince him to go somewhere warm, and he made her hold his hand, pretending to be a couple.

Police at the scene of the horror assault on the Merri Creek Trail. Picture: Sarah Matray

Outside a nearby McDonald’s, she made her move to escape, clinging to a pole and screaming for help.

Russo ran away, and she sought refuge inside the restaurant, asking for staff to call police.

Four months earlier, he had been released from prison after serving a five-year sentence for another sexual assault, described by the appeal judges as “disturbingly similar” offending.

He had been released from youth justice parole just three days before he attacked the 16-year-old international student in broad daylight in Caulfield July 2014.

Justice Priest had earlier remarked the case was “one of the worst that I personally have encountered” in nearly half a century.

Russo is serving a sentence of 20 years and four months, with a non-parole period of 17 years, after he pleaded guilty to multiple offences, including two charges of rape, three charges of sexual assault and one charge of conduct endangering serious injury.