CRIMEFather in the Supreme Court of New South

CRIMEFather and son fugitives Gino Stocco born 1 December 1957 and Mark Stocco born 24 October 1979, have been on the run for eight years committing a series of offences across Queensland, New South Wales and Victoria including theft of identifications and money, police pursuit; 2 counts of drive recklessly, receiving stolen property outside New South Wales, possess unauthorised firearm being the Remington 12 Gauge Shotgun, possession of ammunition whilst unlicensed, illegal use of a motor vehicle being a White Toyota Land Cruiser, destroy property by fire, murder of Mr Cimone. These offences will appear on a s 166 Certificate. The offenders are facing charges in the Supreme Court of New South Wales.Legal citation: R v Gino Stocco; R v Mark Stocco 2017 NSWSC 304Elements of the offenceProsecutors and law enforcement agency police require elements for a criminal act to be heard in trial. Actus Reus, Mens Rea, Strict Liability Offence, Causation are all elements of crime.Actus Reus – Guilty ActGuilty act is involved in this case being that Gino and Mark Stocco recklessly destroying property by fire,  committed theft of several vehicles and identifications, two discharge of firearm to avoid capture by police agencies and the killing of Mr Cimone. In an electronically recorded interview on the 28 October 2015, for the killing of Mr Cimone, Mark Stocco said this:Q153: But you, you said you went and grabbed the gun.A: Yeah.Q154: Then what happened?A: I just gave it to dad and I said “Shoot him.” And Dad was sort of like hesitant he goes, “No, tie him up.” I said, “Just shoot him.”So I couldn’t be bothered to tie him, up or so.Mens Rea – Guilty MindGino and Mark has took  his sister Mary-Ann Bender and her husband Geoffrey car Nissan Navara without permission or legal right and without intending to return the vehicle (theft) from their property in Chinchilla, Queensland on 22 November 2013.On 19 March 2015 Elizabeth Ecceles had reported that her registration plates had been stolen from her Suzuki Swift parked on Lords Place in Orange, NSW  which the pair attached on the Nissan Navara that has been detected by the Automatic Number Plate Recognition software in the Highway Patrol.Gino and Mark were aware that they were wanted by police and that they had appeared on the television show ‘Australia’s Most Wanted’. CausationFactual causation between the offender and the victim has been stated in the interview by the offenders that the killing of Mr Cimone was planned and the pair did proceed to do so which is the result of Mr Cimone death.Factors that have lead to the criminal behaviour Gino Stocco:- Has operated a popular petrol station before his marriage breakdown which armed him with $100,000 from divorce settlement.- Gino has divorced his wife in the early 2000s and took his son with him to start self destruction.- Purchased a yacht at Taree and started travelling from Port Macquarie to Adelaide.- Stealing identities and documents thinking it will start improving their lifestyle.- He tells himself and his son that investigators and police will never find or catch them.- According to a psychiatrist, ‘their lifestyle was normal to them’. – Gino Stocco grew up in a practical family, enjoyed school however he left school with his year 10 certificate. Became a brick layer, electrician and carpenter and ran several businesses.- Gino met his wife at 19 years of age and got married but in 1993 the relationship was falling apart. – In 1996 his wife left him and their two children and went Melbourne.- Gino attempted to regulate the relationship by purchasing a house in Melbourne to get back together with her which did not workout and made him realise it is impossible to repair the relationship.- Gino and his wife got separated in 2000 but never settled divorce documents.- From 2004, Gino and his son Mark led to itinerant lifestyle away from everyone.Mark Stocco:- He has agreed to leave his mother and go along with his father after the marriage breakdown of his parents.- Marks first offence was in 2002 at Queensland which was stealing.- He then continued to do offences with his father and hid out from police in bushes and campsites as they become Australia’s most wanted fugitives.- He fears getting caught by police but his father reminds him ‘no one will ever catch us’ which makes him more prone to committing crime whilst understanding his actions are reckless and illegal.- Mark had never suffered from mental illness, mood, anxiety or psychotic disorder. He never used illicit drugs, misused prescription, anabolic steroids.- He said he had never been anything more than a social drinker and denied any problem with alcohol.Reporting and investigating of the crimeThe investigation took a long period of time of 8 years police trying to seize the offenders and at last they have been arrested by police at a house in rural area Elong Elong, NSW.Role of the policeThe role of the police is to investigate and find Gino and Mark Stocco to manage social destruction being made by them and to secure any evidence found in the process. During an investigation police powers in NSW are stated in LAW ENFORCEMENT (Powers and Responsibilities) ACT 2002 NSW. Powers of police officers is to arrest without warrants and have power to investigate and question persons under arrest and seize any evidence found to provide in court.Evidence usedThe evidence provided advocates that Gino and Mark Stocco understood their actions are against the law:- The pair have been on the run from the police for 8 years- On 20 August 2014 the offenders were travelling through a property they worked as caretakers in 2011 in Canowindra NSW to destroy the property by fire at midnight time to not get caught.- At 2PM on Friday, 16 October 2015, the Automatic Number Plate Recognition software gave a warning in the Highway Patrol that the number plates on the Nissan Navara (Gino was driving and Mark was on the passenger seat) was stolen from a Suzuki Swift vehicle.- Constable Kerslake done a U-turn and operated warning devices on the Highway Patrol vehicle, which activated in-car video recording device. The Navara slowed down then speeded to 90km/h. Constable Kerslake began a pursuit of the Navara.- Father and son Gino and Mark Stocco were familiar that they were wanted by police and that they have appeared on news ‘Australia’s most wanted’.- Pursuit started in a built-up area of Henty and then went outside Henty. As pursuit proceeded, the Navara passed another vehicle in front of them on the incorrect side of the road to avoid collision then veered back to the correct side of the road.- Gino and Mark converted seats so that Mark is at the driving seat and Gino sat in the front passenger seat to load a SKK semi-Automatic rifle that was in front of them stored in the Navara. – Gino then fired shooting the police to avoid arrest with 7.62 x 38mm calibre ammunition rifle.- Pursuit carried on along the Henty-Cookardinia Road, which was a 100km/h zone and the offenders drove at a speed of 117km/h. – Travelling on bitumen roads then the Navara turned on dirt road on Kreutzbergers Road that made them slow down to 80-85 km/h.- The pursuit went on for roughly 23 minutes when the Navara stopped. Constable Kerslake slowed down and stopped approximately 60-70 metres away behind the Navara.- Gino has the SKK semi-automatic rifle positioned from the passenger side of the Navara aiming on the front passenger side wheel of the police vehicle and fired 5-6 shots at the car. – The shots caused the brake hose of the police car to be severely damaged. Constable Kerslake feared for his safety and speeded back reversing the vehicle away from the offenders back to Henty  to inform police radio that he needed assistance results from being fired upon but did not stop driving until his police car stalled and the engine stopped.- Another pursuit commenced right after the first pursuit by Senior Constable Shaw Highway Patrol Command at Wagga Wagga NSW. He maintained regular surveillance over radio in relation to the pursuit by Constable Kerslake and followed the offenders but kept a distance of 200-250 meters away. The offender Mark Stocco fired upon the police 3 times but it reached 30 meters away from the police. – Pursuit lasted 40 minutes when the police lost sight of the offenders.- The pair were arrested by police on 28 October 2015.- Gino and Mark Stocco did not react when they were charged with 40 years imprisonment each.Defence- Gino stated in his interview that he feared his life and his sons life from Mr Cimone because they were pressured to grow drugs by the deceased and if they didn’t do as they were told, they would not be allowed to stay.- The father and son also feared being shot in their sleep as Mr Cimone had control of a shotgun.- Offenders only agreed to kill Mr Cimone because they feared Mr Cimone kicking them out of his property after an argument and the deceased revealed a shotgun.- Gino then shot the deceased possibly twice with the stolen pump-action shotgun in self defence fearing being about to get shot by Mr Cimone.- Self defence was the main reason of the murder of Mr Cimone.Role of the courtsThe role of the Supreme Court is to conduct over the serious indictable offences and also hear appeals from lower courts. This case was heard in Dubbo Local Court and bail was refused so they remanded for custody until 20 January 2016. Then the case went to Supreme Court of New South Wales.The role of Legal RepresentationIn Australia the courts have two opposing parties which must provide evidence under the Adversary system before judge or jury prove their allegations.This case was handled by Judge Davies and a Judge has many roles including understanding the law, evaluate the evidence provided, control how hearings and trials unfold in their courtrooms. A judge main role is to be fair and unprejudiced decision-makers in the pursuit of justice.The prosecution W Creasey SC (Crown), role is to prove the accused guilt before a judge or jury.Legal Aid M lerace SC (Gino Stocco) and I Nash (Mark Stocco) these are lawyers to provide the offenders a fair trial in court. Their role is to oppose their guilt.Identity the pleaBoth of the offenders initially plead not guilty for the offences they have committed and accused of committing.Factors that affect the sentencing decision- Under the s.3A Crimes (Sentencing Procedure) Act 1999, the statements provided by victims will be considered while determining a punishment for the offenders.- Gino and Mark Stocco committed several criminal offences.- They have made headlines of Australia’s Most Wanted.- Two counts of police pursuit also recorded on dash cam while driving recklessly.- Caught on police dash cam/in-car video shooting with intent to avoid apprehension.- The pair has stole identities, money and many more throughout Victoria, New South Wales, and Queensland.- Gino and Mark have had a possession of ammunition whilst unlicensed.- Both have destroyed a property by fire and has caused $900,000 worth of damage.- The pair have stole several vehicles and changed the vehicle plate numbers by stealing plate numbers from other cars which has been detected by the Automatic Number Plate Recognition Software.- Gino and Mark had possession of a unlicensed, loaded  SKK semi automatic rifle which he had in the front of the stolen Navara.- In the first police pursuit, Gino fired the police to avoid arrest.- In the second police pursuit, Mark fired police to avoid arrest.- The offenders were on a run for 8 years.- Committed murder of Mr.Cimone for self defence reasoning.PenaltyIn section 195 (1A)(b) of the Crimes Act 1900 (NSW) , states for recklessly destroying two farm sheds and contents therein and a 2004 John Deere 682 model tractor, the destroying of property by fire, the maximum penalty for this offence is 11 years imprisonment.In section 18(1)(a) of the Crimes Act 1900, states the penalty for the murder of Mr.Cimone is life imprisonment and there is a standard non-parole period of 20 years.In section 33A(2)(a) of the Crimes Act 1900, mentions for the discharge of two counts of firearm namely an SKK semi-Automatic rifle with intent to prevent his lawful arrest maximum penalty 25 years imprisonment and there is standard non-parole period of 9 years.Gino Stocco has sentence of 40 years imprisonment commencing on the 28 October 2015 and expiring 27 October 2055 with a non-parole period of 28 years.Mark Stocco has sentence of 40 years imprisonment commencing on 28 October 2015 and expiring 27 October 2055 with a non-parole period of 30 years.The Extent to which the Law balances the Rights of Victims and Offenders – The case is now officially finished and closed and the two offenders are sentenced imprisonment, about the information and evidence provided in this case, the judgements that has been given to the offenders by the judge is fair and each of the offenders pleaded guilty to all charges. According to the psychiatrist Dr Adam the offenders were feeling pressured  that they were self defending there selves from being shot by Mr Cimone and that they did not have any intention of hurting him or anyone else from the beginning. – Both offenders did not want to get involved in the drug growing but pressure was put upon in that regard and they both felt totally threatened at Pinevale and feared for their safety from Mr.Cimone and they were aware that Mr.Cimone and his associates were armed with guns.  The Crown accepted that there was no real planning or premeditation but said it was a matter of great gravity that they were motivated to kill the deceased by virtue of the anger and frustration that they felt towards him.- Due to the early pleas and acceptance of responsibilities for what happened that they have done and credit for early confession, the balance of the punishments were lower than if they had to further investigate and need to take a lot in action proceeding.- Mr.Cimone, the victim deceased, involvement in any cannabis-growing enterprise or his perceived bad treatment of the offenders, if either was the case, is beside the point.- In order to balance the rights of the victim and the offenders, the court needs to address these two mattersBibliography- R v Gino Stocco; R v Mark Stocco – NSW Caselaw- Legal studies HSC text book