R v Orrock [2013] NSWDC 160

District Court New South Wales

Medium Neutral Citation: R v Orrock [2013] NSWDC 160 Hearing dates: 16/01/2013 - 29/01/2013 Decision date: 31 January 2013 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Sentenced to imprisonment for 3 years, non-parole period of 18 months. 2. Compensation orders made. Catchwords: CRIMINAL LAW - Sentence - Guilty Plea - offence Intentionally Destroy Property by Fire - S195 (1)(b) Crimes Act - Newtown police truck destroyed by fire - offender relied on non-exculpatory necessity - to avoid public perception that he or his tattoo parlour connected with police - outlaw motorcycle gang connection during spate of drive-by shootings in Sydney - evidence accepted and thus moral culpability and objective criminality reduced - general and specific deterrence nonetheless important - spontaneous offence, no planning - good prospects of rehabilitation - special circumstances found - first time in prison, pre-trial custody served in two blocks after DPP appealed against Local Court decision to grant bail. Legislation Cited: Crimes Act 1900 - s195 (1) (b) Crimes (Sentencing Procedure) Act 1999 - 21A (3) (d) Suitors Fund Act 1951 Cases Cited: R v Tiknius [2011] NSWCCA R v Thomson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: The Crown Scott Allen Orrock (Offender) Representation: Mr. C. Patrick (Crown) Mr. D. Provera (Offender) Ms. E. Sercombe (DPP) Mr. M. Heffernan (Offender) File Number(s): 2012/127175