R v Carbone [2018] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: R v Carbone [2018] NSWSC 331 Hearing dates: 2 February 2018 Date of orders: 22 March 2018 Decision date: 22 March 2018 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: Diego Carbone is sentenced to imprisonment consisting of a non-parole period of 21 years commencing on 23 July 2015 and expiring on 22 July 2036, with an additional term of 7 years, commencing on 23 July 2036 and expiring on 22 July 2043 making a total sentence of 28 years. The earliest day on which you will be eligible for release on parole is 22 July 2036. Catchwords: CRIMINAL LAW – murder - sentence after trial - joint criminal enterprise - premeditated killing in company - above mid-level of objective seriousness - offender suffering from depression and anxiety - relative youth of the offender - whether the offender has reasonably good prospects of rehabilitation. Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muldrock v R [2011] HCA 25 Category: Sentence Parties: Regina Diego Carbone Representation: Counsel: Mr R Herps – Crown Mr W Terracini SC – Offender

Solicitors: Solicitor for the Director of Public Prosecutions Tsambas & Co Solicitors File Number(s): 2014/255002 Publication restriction: No

Judgment

Introduction 1. On 20 September 2017 the offender, Diego Carbone, was indicted on a charge that, on 11 August 2014, he murdered Bradley Dillon. He pleaded not guilty, and a jury trial then proceeded. On 12 October the jury returned with a verdict of guilty of murder. The offender now comes to be sentenced for that offence.