Director of Public Prosecutions v Thorburne

[2018] VCC 536

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT GEELONG
CRIMINAL JURISDICTION

CR 18-00465

DIRECTOR OF PUBLIC PROSECUTIONS

v

DEAN THORBURNE

---

JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Geelong
DATE OF HEARING:	18 & 20 April 2018
DATE OF SENTENCE:	20 April 2018
CASE MAY BE CITED AS:	DPP v Thorburne
MEDIUM NEUTRAL CITATION:	[2018] VCC 536

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr M. Regan	OPP
For the Accused	Mr M. Brugman (solicitor)	Criminal Lawyers Geelong

HIS HONOUR:

1On all charges you are convicted.

2On Charge 1, the charge of attempted robbery, you are sentenced to be imprisoned for 12 months.

3On Charge 2, armed robbery, you are sentenced to be imprisoned for three years.

4On Charge 3, attempted armed robbery, you are sentenced to be imprisoned for two years.

5On Charge 4, attempted armed robbery, you are sentenced to be imprisoned for two years.

6On the related summary offences, on failing to obey the direction to stop, you are sentenced to one month imprisonment.

7And on the second charge of driving while your licence is suspended you are sentenced to three months' imprisonment.

8Having regard to principles of totality I order that three months of Charge 1, the attempted robbery charge and 12 months of each of Charges 3 and 4, the attempted armed robbery charges, be served cumulatively upon Charge 2, which I declare to be the base sentence.

9I order that each of the summary offences be served cumulatively on each other and on the base sentence.  That is an effective, total term of imprisonment of five years and seven months and I order that you serve three years of that sentence before you are eligible for parole.

10I declare that 229 days, not including today, of that sentence have already been served by way of pre-sentence detention. 

11I make an order pursuant to s.464ZF of the Crimes Act for the provision of a DNA sample.  I am obliged to inform you that the authorities are entitled to use reasonable force to obtain that sample, so it is in your interest to co-operate.

12I make the forfeiture and disposal orders sought by the prosecution.

13I declare pursuant to s.6AAA of the Sentencing Act that but for your pleas of guilty, I would have imposed an effective term of imprisonment of seven years and six months with a non-parole period of five.

14Any other orders required?

15COUNSEL:  No, Your Honour.

16HIS HONOUR:  Would you remove ‑ ‑ ‑

17MR BRUGMAN:  Your Honour, perhaps if I can set that forensic sample, Your Honour and he did ask me whether Your Honour would be prepared to allow him to have his telephone back.  I am not sure whether that is in the forfeiture order?

18HIS HONOUR:  Well I cannot - has the telephone be forfeited?

19UNIDENTIFIED VOICE:  It is not on the order.

20HIS HONOUR:  It is not on any order I have got, so it will be handed back to his family, I assume.

21MR BRUGMAN:  As Your Honour pleases.

22HIS HONOUR:  Would you remove Mr Thorburne please.  I will adjourn until Monday at 10 o'clock.

‑ ‑ ‑