R v Carbone [2021] NSWSC 1552

Supreme Court New South Wales

Medium Neutral Citation: R v Carbone [2021] NSWSC 1552 Hearing dates: 12, 13, 14, 15 October 2021 18, 19, 21 October 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Common Law - Criminal Before: Garling J Decision: See [323] Catchwords: CRIME – murder – trial by judge alone – wholly circumstantial case – whether there was an existence of joint criminal enterprise – dispute over outstanding debt to the deceased's sister – deceased stabbed and shot several times in an underground carpark– whether accused went to the carpark on the basis of an agreement with his co-actor to intentionally inflict at least grievous bodily harm upon the deceased – Crown has proven beyond a reasonable doubt that there is no other rational inference available – verdict of guilty Legislation Cited: Criminal Procedure Act 1986 Crimes Act 1900 Evidence Act 1995 Cases Cited: Carbone v R [2020] NSWCCA 318 Texts Cited: Not Applicable Category: Principal judgment Parties: The Crown Diego Carbone (Accused) Representation: Counsel: M England / E Curran (Crown) M Tedeschi QC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Goold Law (Accused) File Number(s): 2014/255002 Publication restriction: Non-publication order made 19 October 2021.

Judgment 1. Diego Carbone ("the Accused") was arraigned before me on Tuesday, 12 October 2021, on an Indictment dated 16 September 2021. 2. The Accused was charged with the murder of Bradley Dillon ("the Deceased") on 11 August 2014, at Leichhardt in the State of NSW. To this charge he pleaded not guilty. 3. On that day, at the request of the Accused and with the consent of the Crown, I made an order pursuant to s 132(1) of the Criminal Procedure Act 1986 that the Accused was be tried before a Judge alone and without a jury. 4. At the request of the Accused, and without opposition from the Crown, the Accused attended and was present at the trial by audiovisual link ("AVL") from the correctional facility where he is being held in custody.