A Melbourne man who fatally struck an elderly motorist during a reckless pursuit has been sentenced to five years in prison and could walk free in less than two years.
Anthony Costanzo, 35, appeared emotional in the Victorian Supreme Court as Justice Rita Incerti handed down the sentence on Tuesday. He had pleaded guilty to manslaughter by criminal negligence after killing 76-year-old Peter Row in Melbourne’s eastern suburbs in September 2023.
The court heard that the fatal chain of events began on the night of September 3, 2023, when Costanzo’s truck pulled into Hansen Technologies’ car park in Melbourne’s east. A night-shift worker called Peter Row, who lived nearby, after seeing the truck enter the premises under suspicious circumstances.
When Row arrived around 11:20 p.m. in his Holden, Costanzo reversed his truck into the front of Row’s vehicle before fleeing the scene. Row followed him while calling triple zero, believing Costanzo was attempting a burglary.
Costanzo then drove to his mother’s home, where a group of men, including his cousin, had gathered. Tensions escalated when two men approached Row, and one demanded, “What the f— are you going to do?” In response, Row drove into Costanzo’s cousin, who was struck on the bonnet but remained standing.
Row attempted to leave the scene, but Costanzo pursued him in the truck with its headlights turned off. About 400 metres from a nearby corner, Row pulled over, stepped out of his vehicle, and stood beside a back passenger door. Costanzo rounded the bend and crashed into him, fatally injuring him.
Justice Incerti found that while Costanzo had not intended to kill Row, he never should have initiated the dangerous pursuit.
“Nothing good was ever going to come of your conduct,” the judge said. “It was simply stupid and reckless … You had other options but made the worst possible choice.”
Following the crash, Costanzo fled the scene, failed to call for help, and initially lied to police about his involvement, conduct Justice Incerti described as “callous.”
Despite this, the judge acknowledged that Costanzo’s guilty plea and positive behaviour in custody suggested some degree of remorse and potential for rehabilitation.
Costanzo was sentenced to five years in prison with a non-parole period of three years. Having already served more than a year in custody, he could be eligible for release in under two years. He was also disqualified from driving for 24 months.
Peter Row’s death, Justice Incerti said, was a tragic loss that no sentence could adequately reflect.
