Stocco, Gino v R; Stocco, Mark v R [2018] NSWCCA 77

Stocco, Gino v R; Stocco, Mark v R [2018] NSWCCA 77

The Court found that the sentencing judge properly considered all relevant principles including totality, objective seriousness, retribution, deterrence, assistance, rehabilitation, and parity. The aggregate sentences were within the judge's discretion and reflected the high level of criminality. No error, miscarriage of justice, or manifest excess was made out on any ground.

Parties
Applicant: Gino Stocco; Applicant: Mark Stocco; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Sentence Appeal
Outcome
Appeal dismissed – leave refused and/or appeal dismissed on all grounds
Legal Topics
Sentencing, Murder, Arson, Discharge Firearm to Avoid Lawful Apprehension, Totality Principle, Manifestly Excessive Sentence, Parity Principle, Rehabilitation, Assistance to Authorities
Criminal Law Sentencing Murder Arson Discharge Firearm to Avoid Lawful Apprehension Totality Principle Manifestly Excessive Sentence Parity Principle +2 more

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Parties

Gino Stocco

Applicant

Mark Stocco

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Sentence Appeal

Legal Issues

  1. 1 Whether principles of totality properly taken into account
  2. 2 Whether aggregate sentence is manifestly excessive
  3. 3 Whether sentencing judge failed to properly consider assistance to law enforcement

Ratio Decidendi

The Court found that the sentencing judge properly considered all relevant principles including totality, objective seriousness, retribution, deterrence, assistance, rehabilitation, and parity. The aggregate sentences were within the judge's discretion and reflected the high level of criminality. No error, miscarriage of justice, or manifest excess was made out on any ground.

Court Disposition

Appeal dismissed – leave refused and/or appeal dismissed on all grounds

Orders

  • Mark Stocco: Leave to appeal on Ground 1 refused; Leave to appeal on Grounds 2–5 granted but appeal dismissed.
  • Gino Stocco: Leave to appeal granted but appeal dismissed.