R v Carbone [2018] NSWSC 331

R v Carbone [2018] NSWSC 331

The murder was a brutal, premeditated killing committed in company after the deceased was lured to a car park, was unarmed, had done nothing to provoke the attack, and was shot and stabbed from behind. Those features made the offence well above the midline of objective seriousness for murder. However, the offender's depression and anxiety, the increased hardship of incarceration, his relative youth, abstinence from illegal drugs while on bail, and reasonably good prospects of rehabilitation justified some moderation of the sentence. A total sentence of 28 years with a non-parole period of 21 years was appropriate.

Jurisdiction
Australia
Judgment Date
22 March 2018
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Trial and Verdict of Guilty
Outcome
Diego Carbone was sentenced to imprisonment for murder for a total sentence of 28 years, with a non-parole period of 21 years and an additional term of 7 years.
Legal Topics
['murder' 'joint Criminal Enterprise' 'premeditated Killing in Company' 'objective Seriousness' 'non Parole Period' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'joint Criminal Enterprise' 'premeditated Killing in Company' 'objective Seriousness' 'non Parole Period' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Trial and Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Bradley Dillon." 'Whether the offence was above the midline of objective seriousness for murder.' 'What aggravating and mitigating factors applied under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "Whether the offender's depression, anxiety, youth and prospects of rehabilitation justified a sentence more lenient than the objective seriousness would otherwise indicate."]

Ratio Decidendi

The murder was a brutal, premeditated killing committed in company after the deceased was lured to a car park, was unarmed, had done nothing to provoke the attack, and was shot and stabbed from behind. Those features made the offence well above the midline of objective seriousness for murder. However, the offender's depression and anxiety, the increased hardship of incarceration, his relative youth, abstinence from illegal drugs while on bail, and reasonably good prospects of rehabilitation justified some moderation of the sentence. A total sentence of 28 years with a non-parole period of 21 years was appropriate.

Court Disposition

Diego Carbone was sentenced to imprisonment for murder for a total sentence of 28 years, with a non-parole period of 21 years and an additional term of 7 years.

Orders

  • ['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.' 'Diego Carbone is sentenced to an additional term of 7 years, commencing on 23 July 2036 and expiring on 22 July 2043.' 'The total sentence is 28 years.' 'The earliest...