Levi James Brown has conviction for armed robbery at Shamrock Hotel overturned

A self represented man jailed for an armed robbery where it was alleged he was masked and wielding a machete at a popular regional Qld pub has successfully appealed the verdict. See how he did it.

Levi James Brown had pleaded not guilty to four offences over August 25 and 26, 2020 when it is alleged he targeted four businesses in a two-day crime spree across Hay Point and Mackay city – the Coalpoint Cash store, Hay Point hotel, Five Star Handimarket and Shamrock Hotel. Picture: Facebook

A self represented Mackay prisoner who was jailed for an armed robbery where it was alleged he was masked and wielding a machete has successfully had the conviction overturned.

Levi James Brown had pleaded not guilty to four offences over August 25 and 26, 2020 when it was alleged he targeted four businesses in a two-day crime spree across Hay Point and Mackay city – the Coalpoint Cash store, Hay Point hotel, Five Star Handimarket and Shamrock Hotel.

In June 2022 a Mackay District Court jury convicted him of two of the four charges including the armed robbery and as a result Brown was jailed for 5.5 years, cumulative to a 9.5 years sentence he was already serving, with parole eligibility on September 9, 2025.

Brown has argued the guilty verdicts were unsafe, not supported by the evidence and inconsistent with the not guilty verdicts on the other two charges.

A recent Appeals Court judgment stated Brown “cannot be positively identified from any of the CCTV footage” or witness account of the offending.

In June 2022 a Mackay District Court jury convicted Levi James Brown of two charges including an armed robbery at the Shamrock Hotell in August 2020.

It is alleged Brown, hidden beneath a mask, large hoodie and gloves, entered the Shamrock Hotel’s drive-through bottle shop and demanded cash while armed with a machete about 10.10pm.

Staffer Leanne Reeves had noticed a white utility near the venue about 9.50pm, and not long afterwards that same utility was in the drive-through, a person had exited the vehicle wearing a balaclava and said “opening the f--king till and give me the f--king money”, the judgment stated.

Ms Reeves placed $720 in a bag thrown down by the offender.

He was jailed for 5.5 years cumulative to a 9.5 year jail term he was already serving.

Appeals Court Judge Justice Peter Flanagan said the crown case for the armed robbery was “entirely circumstantial”.

“When the evidence is considered as a whole, there is, in my view, a significant possibility that an innocent person has been convicted and that this Court is bound to set aside the verdict of guilty in relation to (the armed robbery),” Justice Flanagan said.

The armed robbery conviction was set aside and a verdict of not guilty entered, Brown was given an immediate parole eligibility.

Brown had also argued that “he was either guilty or not guilty of all four offences, but Justice Flanagan found there was “a reasonable and logical way to reconcile the verdicts”.

As a result his push to have a break and enter charge overturned was dismissed.