Armed robber spends the spoils from crime on drugs
AN armed robber who spent most of his $370 spoils on drugs has failed to convince Queensland's highest court that his jail sentence should be in line with his co-accused.
Nickolas John Gerrard, who was 28 at the time, told his friend Rikki Goggi to drive to Red Rooster before he grabbed a hoodie and a knife and robbed a Night Owl store in just 20 seconds.
Drunk and desperate for another drug hit, Gerrard charged into the Bourbong St store on April 13, 2012. He was later found with used syringes.
Gerrard and Goggi were both on parole for other offences at the time and had to serve time before they received cumulative sentences over the robbery.
A Queensland Court of Appeal judgment, handed down on Friday, detailed how Gerrard was required to serve a minimum two years and 10 months while Goggi was required to serve a minimum of two years.
But when comparing the total maximum time in custody, Gerrard could serve a total six years and 10 months for both sentences while Goggi would serve a maximum four years and three months.
Gerrard argued his sentence was therefore manifestly excessive, but Justice Hugh Fraser said the main reason for the difference was that Goggi had served a longer period on his first sentence on parole before his arrest.
"Goggi's culpability was substantially less than (Gerrard)," he also noted.
"It was (Gerrard) who conceived and carried out the offence.
"It was he who entered the store and menaced the vulnerable attendant with a knife, causing him to fear for his life and to suffer seriously adverse consequences as a result."
Justice Debra Mullins agreed but appeal court president Margaret McMurdo would have reduced Gerrard's armed robbery sentence from five to four years cumulative.
She said five years, with parole eligibility in June, 2015, was manifestly excessive once the totality principle was applied.
Gerrard was on parole for a dangerous driving spree across the region involving crashing into cars and almost running over pedestrians in Kepnock, North Bundaberg, South Kolan and Sharon.