Hervey Bay teen sentenced for Liberty Fuel Station robbery

A 17-year-old who wielded a knife while helping rob a Maryborough petrol station had a criminal history dating back seven years. Watch the CCTV footage of the robbery:

A 17-year-old who brandished a weapon, terrorising the attendant of a Maryborough service station during an armed hold-up, had a “quite incredible” criminal history, a court has heard.

The now 18-year-old, who cannot be named for legal reasons, pleaded guilty to numerous offences in Hervey Bay District Court on Tuesday, including two counts of armed robbery.

The teenager was 17 when he and an alleged co-accused stormed the Liberty Fuel Station in Walker St, wielding a crowbar and a knife.

The alleged co-accused used the crowbar to smash the plastic barrier on the counter, which had been erected because of Covid precautions, causing minor injuries to Russell Smulders, the petrol station attendant who was working that day.

A CCTV video showed Mr Smulders being threatened with the crowbar while the teenager raided the cigarette cabinet.

Crown prosecutor Stephanie Gallagher said the teenager had faced the court 19 times.

His criminal history had started when he was 10, but no convictions had been recorded.

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Most were property offences, but there had been violent offences Ms Gallagher said.

“It’s really quite an incredible criminal history, unfortunately,” she said.

He had spent 242 days in presentence custody, Ms Gallagher said.

The teenager had seemingly committed offences sometimes because he was affected by drugs and other times because he “was bored”, according to a report prepared for the court.

The teenager faced 15 charges on Tuesday, including two counts of armed robbery, Ms Gallagher said.

Among the other offences were property offences, the unlawful use of a car and the theft of fuel from a number of cars in July 2022, she said.

One of the cars was driven to a bakery where a group, including the teen, committed a robbery in which a phone was taken.

There was another unlawful use of a motor vehicle before the teenager was arrested and released on bail.

He was released on bail on August 12, 2022, but started committing fresh offences on August 19, Ms Gallagher said.

Russell Smulders, 58, who works at Liberty Fuel Station in Maryborough, was at the business when two assailants wearing masks came through the door.

On August 22, 2022, he was involved in the premeditated armed robbery at the Liberty Service Station.

“Your honour will see he was with a co-offender, there were weapons involved, they were disguised, which goes to the element of premeditation,” Ms Gallagher said.

“There was superficial injuries suffered to the complainant as a result of the Perspex barrier being broken.”

A victim impact statement submitted by Mr Smulders spoke of the mental distress he had suffered and that although he was still able to work, sometimes family members kept him company because of the fear he felt, Ms Gallagher said.

The court heard the teenager had many family members who moved in criminal circles and he had moved between households in his family, which had led to a lack of discipline and structure.

Leading up to the offending he had been smoking and injecting ice, and he had limited recollection of events, the court was told.

He was young and not without prospects of rehabilitation, the court heard, and had strong relationships with his mother and grandmother.

Judge Glen Cash said the man was now 18 years old and had a long criminal history.

He said there was a need to protect the community from recidivist high-risk offenders, of which the teen appeared to be one.

The teen, who had already served about 240 days, was sentenced to two years in detention and would be released after serving 50 per cent of the sentence.

Convictions were not recorded.