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

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

The Court imposed lengthy aggregate sentences because the arson was at the upper end of the mid-range, motivated by vengeance and causing significant loss; the murder was a cold-blooded and callous killing with high mid-range objective seriousness, committed in company, with a weapon, at the victim's home, and followed by callous treatment of the body; and the shooting offences were at the upper end of the mid-range because multiple shots were fired from a high-powered rifle at police vehicles to avoid apprehension, creating a grave risk of death despite no finding of intent to injure police. Each offender received a 25% discount for early guilty pleas. Gino Stocco received a shorter...

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Both accused were convicted and sentenced to aggregate terms of imprisonment.
Legal Topics
['murder' 'recklessly Destroying Property by Fire' 'discharging a Firearm to Avoid Apprehension' 'form 1 Offences' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'remorse' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['murder' 'recklessly Destroying Property by Fire' 'discharging a Firearm to Avoid Apprehension' 'form 1 Offences' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'remorse' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed on each offender for recklessly destroying property by fire, murder, and two counts of discharging a firearm to avoid apprehension.' 'What objective seriousness should be attributed to the arson, murder, and shooting offences.' 'Whether the offenders showed remorse and what weight should be given to their guilty pleas and admissions.' "Whether special circumstances should be found for either offender, including by reason of Gino Stocco's age and the length of sentence."]

Ratio Decidendi

The Court imposed lengthy aggregate sentences because the arson was at the upper end of the mid-range, motivated by vengeance and causing significant loss; the murder was a cold-blooded and callous killing with high mid-range objective seriousness, committed in company, with a weapon, at the victim's home, and followed by callous treatment of the body; and the shooting offences were at the upper end of the mid-range because multiple shots were fired from a high-powered rifle at police vehicles to avoid apprehension, creating a grave risk of death despite no finding of intent to injure police. Each offender received a 25% discount for early guilty pleas. Gino Stocco received a shorter...

Court Disposition

Both accused were convicted and sentenced to aggregate terms of imprisonment.

Orders

  • ['Gino Stocco was 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 was sentenced to an aggregate sentence of 40 years imprisonment commencing 28 October 2015 and expiring...