R v Gino Stocco; R v Mark Stocco [2017] NSWSC 304

Supreme Court New South Wales

Medium Neutral Citation: R v Gino Stocco; R v Mark Stocco [2017] NSWSC 304 Hearing dates: 27 January 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Common Law - Criminal Before: Davies J Decision: Gino Stocco For the offences of recklessly destroying property by fire, two counts of discharging a firearm to avoid apprehension and for murder, and having regard to the matters on the Form 1 in respect of Count 3, sentenced to an aggregate sentence of 40 years imprisonment commencing 28 October 2015 and expiring 27 October 2055 with a non-parole period of 28 years expiring 27 October 2043.

Mark Stocco For the offences of recklessly destroying property by fire, two counts of discharging a firearm to avoid apprehension and for murder, and having regard to the matters on the Form 1 in respect of Count 4, sentenced to an aggregate sentence of 40 years imprisonment commencing 28 October 2015 and expiring 27 October 2055 with a non-parole period of 30 years expiring 27 October 2045. Catchwords: CRIMINAL LAW – sentence – murder – recklessly destroy property by fire – two counts of discharging a firearm to avoid apprehension – separate criminality of the offences – father and son – working as labourers on rural properties – developed sense of grievance against various employers – arson of sheds and farming equipment out of vengeance for perceived wrongs – no intent to cause personal injury by fire -deterioration in relationship with property manager on a separate property – apprehension by offenders that they would be put off the property – older offender shoots and kills manager at younger offender's instigation – two subsequent police pursuits – offenders fire at police vehicles with high-powered rifle – no intent to injure or harm police officers – no remorse shown except for arson offence – no drug, alcohol or mental health issues – development of anti-authority belief system - significance of general and specific deterrence for offences concerned – special circumstances for older offender by reason of his age and the length of sentence Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Le v R [2012] NSWCCA 202 Jonson v R [2016] NSWCCA 286 Porter v R [2008] NSWCCA 145 R v Michael Kanaan [2006] NSWSC 539 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Category: Principal judgment Parties: Crown Gino Stocco (Accused) Mark Stocco (Accused) Representation: Counsel: W Creasey SC (Crown) M Ierace SC (Gino Stocco) I Nash (Mark Stocco)