Regina v Kyle Thorburn [2005] NSWCCA 71

New South Wales Court of Criminal Appeal

CITATION: Regina v Kyle Thorburn [2005] NSWCCA 71

HEARING DATE(S): 1 March 2005

JUDGMENT DATE: 1 March 2005

JUDGMENT OF: Grove J at 1, 26, 28; James J at 27; Barr J at 2

DECISION: Appeal dismissed.

PARTIES: Regina, Kyle Thorburn

FILE NUMBER(S): CCA 2005/60

D Woodburne COUNSEL: S Odgers SC

S Kavanagh SOLICITORS: Legal Aid Commission

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/51/0172

LOWER COURT JUDICIAL OFFICER: Ducker DCJ

- 8 - IN THE COURT OF CRIMINAL APPEAL 2005/60

GROVE J JAMES J BARR J

1 MARCH 2005 REGINA v KYLE THORBURN Judgment 1 GROVE J: I will ask Barr J to give the first judgment.

2 BARR J: This is an appeal by the Director of Public Prosecutions against what is said to be the inadequacy of a sentence imposed on the respondent in the District Court.

3 The respondent pleaded guilty to one count of supplying a prohibited drug, namely amphetamine. Ducker ADCJ sentenced the respondent to a non-parole period of three months imprisonment and a balance of sentence of nine months, a total of twelve months. The non-parole period will expire in a few days' time, on 7 March next. His Honour made the following directions: I direct that he be released to parole on the expiration of three months and that he be supervised by the Probation and Parole Service. Further that it is to be a condition of his parole that he place himself under the control and supervision of the Probation and Parole Service and obey all directions given to him by the officer in charge of his case, including if considered likely to be beneficial, drug and alcohol counselling, including within an institution. It is a further condition of his parole, that he will obey all directions to provide a urine sample for analysis at the direction of his parole officer, or any person accredited by any organisation in which he may be an inmate and further that he shall do all things necessary, give all permissions required, for the results of his urine analysis to be made available to the Probation and – to his Probation and Parole officer.