R v Carbone [2000] NSWCCA 387

New South Wales Court of Criminal Appeal

CITATION : R v Carbone [2000] NSWCCA 387 FILE NUMBER(S) : CCA 60665/99 HEARING DATE(S) : 3 October 2000 JUDGMENT DATE : 3 November 2000

PARTIES : Joe Michael Carbone Regina JUDGMENT OF : Wood CJ at CL at 1; O'Keefe J at 64; Carruthers AJ at 65

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0192 LOWER COURT JUDICIAL Shillington DCJ OFFICER :

COUNSEL : W.G. Dawe QC for Crown G.J. Stanton for Applicant SOLICITORS : S.E. O'Connor Agostino & Co CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - sexual assault - multiple count sexual assault - uncorroborated evidence of complainant - conflicting or inconsistent verdicts - verdicts unreasonable or incapable of being supported having regard to the evidence - lack of probative force - verdicts of acquittal. LEGISLATION CITED : Criminal Appeal Act 1912 (NSW) s6(1) Crimes Act 1900 (NSW) s61(M)(1), s61J, 66(C)(1) DECISION : (1) Appeal against conviction allowed; (2) Conviction and sentence set aside and verdicts of acquittal substituted

IN THE COURT OF CRIMINAL APPEAL

No. 60665 of 1999

WOOD CJ at CL O'KEEFE J CARRUTHERS AJ

FRIDAY 3rd NOVEMBER 2000 Regina v Joe Michael CARBONE

The appellant was convicted of two counts of indecent assault, and one count of aggravated sexual intercourse. The first two counts related to acts committed on 3 December 1996, the further count related to acts committed on 7 August 1997. The jury convicted the appellant upon the uncorroborated evidence of the complainant in relation to some but not all counts in the indictment.