Francesco Mangione

Case identification

Francesco Mangione was convicted of the murder of Denis Giunta.

Background

Francesco Mangione was born 23 July 1957 in Sicily. In 1969 he came to Australia. He was from Moonee Ponds, Victoria.

Mangione was apprenticed to the former State Electricity Commission of Victoria and, in 1978, the Industrial Training Commission of Victoria named him as the outstanding radio tradesman apprentice of that year. He departed the SECV in 1989 and began operating an icecream van.

In 1992 Mangione was arrested and detained, but he was later released due to there being no evidence to support charges over a missing six year old girl found in his icecream van.

In 1993 an incident occurred between his family and that of Giunta, also an icecream van operator, escalating a turf war, which included a violent fight between Mangione and Giunta.

There was a long-standing turf war over ice-cream vans involving the Mangiones and the Giuntas.

The offence

On 5 February 2002, Giunta returned home from work. After showering he stepped naked into the bedroom where his wife lay sleeping and Mangione lay in wait.

Mangione attacked Giunta, slashing, stabbing and hacking at him with a home made sword. The attack involved a home-made sword and stabbing.

Giunta died at the scene from massive injuries. A pathologist found at least 55 wounds to his body. Mangione was described as wearing a mask when he attacked Giunta.

Giunta’s wife, Laura, awakened by her husband’s screams. She escaped via the bedroom’s balcony leading to the outside garage roof, where she leapt to the ground, breaking her leg. Her injury required further hospitalisation for 21 days and she needed a wheelchair and crutches upon her release.

Investigation

The prosecution said the parties had been involved in violence in 1993 after family members running separate ice-cream vans argued over sales territory.

DNA evidence was discussed at trial. The court was told that DNA from a glove found at the Giunta house was 10 million times more likely to have come from Mangione and Mr Giunta than from Mr Giunta and a randomly-selected Caucasian person.

It was also alleged that police found a piece of metal in Mangione’s shed fashioned similarly to the murder weapon when they arrested him. It was alleged that DNA samples in a car owned by Mangione’s father matched those found at the murder scene.

Trial

The trial lasted 10 days.

On 13 February 2004, Mangione was found guilty by a jury.

At sentence, the Victorian Supreme Court judge was Justice David Harper.

Mangione pleaded not guilty to murdering Giunta on February 5, 2002.

In court, David Brustman, for Mangione, said he did not dispute that Giunta was murdered by a supposed assassin, but he said Mangione did not commit the offence.

Mr Brustman said a "turf war" over ice-cream vending existed years earlier between the men’s families, but he disagreed that there was a simmering dispute or festering grievance.

Laura Giunta described the attack. She said Giunta was trying to protect himself as the silent attacker waved the sword around "like crazy".

"It was like blood going everywhere, it was like bottles exploding," she said. "(Dennis) was in so much fear. He was saying 'Take what you want, leave us alone, don't hurt us'. But he didn't listen."

In a statement at the preliminary hearing, Laura Giunta told the court:

"I remember the murderer looking at me and I'll just never forget those eyes,"

During her testimony, she described her escape:

"It was like blood going everywhere, it was like bottles exploding," she said.

On trial, she agreed with Mr Brustman that her husband cultivated marijuana at their home and sold it elsewhere.

Peter Giunta, Dennis Giunta’s father, described his family conduct in 1993 and said he hit his sister with an ice-cream van as he drove near where other family members were fighting. He said Mangione’s father was present and looked at the ground. Peter Giunta said:

"Why (do) you argue for bloody ice-cream?'"

Peter Giunta cried as he described "shameful" behaviour:

"shameful" behaviour

The prosecutor was Bill Morgan-Payler, QC. Mr Morgan-Payler said Mangione developed and nurtured an intense hatred for his cousin, Dennis Giunta, 26, after the territorial dispute.

Peter Giunta and family members had marks from a 1993 encounter. Peter Giunta told the court that in 1993 he fought with Mangione and still had marks from the encounter on his nose.

In the weeks following their fight, it was described that Mangione had invited Mr Giunta to fight again as they crossed each other's paths selling ice-cream but then Mr Giunta moved to a different area.

It was also said that Giunta only rarely helped his father in the ice-cream selling business.

Sentencing

On 13 February 2004, Mangione was sentenced by Justice David Harper to 22 years imprisonment, with a non-parole period of 18 years.

At sentencing, Justice David Harper said:

"hacked his victim to death" with the sword.

Justice David Harper said:

"If there were any redeeming features of this crime, the evidence did not reveal them,"

Justice David Harper said:

"It was a planned assassination. It was committed in cold blood in the principal bedroom of the victim's house."

Appeals

On 21 February 2006, the Supreme Court of Victoria Court of Appeal dismissed Mangione’s appeal against the severity of his sentence.

Mangione continued to maintain his innocence.

Other details

Mangione was imprisoned at Barwon Prison.

Justice David Harper sentenced Mangione on 13 February 2004 to 22 years imprisonment with a minimum non-parole term of 18 years, and the case status reflected April 21, 2004 for the sentencing entry.

Prosecutor Bill Morgan-Payler, QC, said Giunta’s body was found in the upstairs bedroom of his Williamstown house after he and his wife, Laura, were confronted by a masked, sword-wielding intruder.

Mr Morgan-Payler said Giunta died from injuries to his head, chest and abdomen.

A statement was included that Melbourne was shocked by the stabbing murder carried out with a home-made sword made from a sharpened piece of iron.

It was also described that Laura’s leg break happened after she leapt five metres from the bedroom balcony on to her garage roof.

Laura described her husband’s screams during the attack as part of her testimony at trial.

The court discussed that the only suggested reasons why Mangione should have wanted Mr Giunta dead were a previous fight with the victim and the turf dispute.

People

• Francesco Mangione — defendant; icecream vendor; convicted of murder.
• Denis Giunta — victim; icecream vendor; cousin of Mangione; age 26; died at the scene.
• Laura Giunta — wife of Denis Giunta; sustained a broken leg after escaping; hospitalised for 21 days; needed a wheelchair and crutches.
• Bill Morgan-Payler, QC — prosecutor.
• David Brustman — defence counsel for Mangione.
• Justice David Harper — judge at sentencing.
• Peter Giunta — father of Denis Giunta.