R v Carbone [2021] NSWSC 1552

R v Carbone [2021] NSWSC 1552

The Court was satisfied beyond reasonable doubt, on the combined circumstantial evidence, that the Accused and Tony Bagnato agreed to inflict at least grievous bodily harm on the Deceased, attended the Underground Carpark with a loaded Glock pistol and a knife, and that in carrying out that agreement the Deceased was stabbed and then shot as he attempted to escape. The Crown also proved beyond reasonable doubt that the killing was unlawful and that Tony Bagnato was not acting in defence of the Accused. Accordingly, the elements of murder by joint criminal enterprise were proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Criminal Trial for Murder by Judge Alone / Second Trial After Prior Conviction Was Quashed on Appeal
Outcome
Guilty verdict and conviction entered for murder.
Legal Topics
['murder' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'circumstantial Evidence' 'self Defence or Defence of Another' 'consciousness of Guilt' 'judge Alone Trial']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'circumstantial Evidence' 'self Defence or Defence of Another' 'consciousness of Guilt' 'judge Alone Trial']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial for Murder by Judge Alone / Second Trial After Prior Conviction Was Quashed on Appeal

Legal Issues

  1. 1 ['Whether the Accused and Tony Bagnato entered into and participated in a joint criminal enterprise to inflict at least grievous bodily harm on Bradley Dillon.' 'Whether the circumstantial evidence excluded any reasonable hypothesis consistent with innocence.' 'Whether the killing was unlawful or whether there remained a reasonable possibility that Tony Bagnato shot the Deceased in defence of the Accused.' "Whether the Accused's post-offence conduct evidenced consciousness of guilt."]

Ratio Decidendi

The Court was satisfied beyond reasonable doubt, on the combined circumstantial evidence, that the Accused and Tony Bagnato agreed to inflict at least grievous bodily harm on the Deceased, attended the Underground Carpark with a loaded Glock pistol and a knife, and that in carrying out that agreement the Deceased was stabbed and then shot as he attempted to escape. The Crown also proved beyond reasonable doubt that the killing was unlawful and that Tony Bagnato was not acting in defence of the Accused. Accordingly, the elements of murder by joint criminal enterprise were proved beyond reasonable doubt.

Court Disposition

Guilty verdict and conviction entered for murder.

Orders

  • ['The Accused is guilty of the murder of Bradley Dillon at Leichhardt on 11 August 2014.' 'Conviction entered accordingly.']