Kye Anthony Carr, 22, successfully appeals sentence after robbing Coffs BWS bottle shop, kicking female worker

A North Coast man jailed for breaking a woman’s jaw with a fence paling has successfully appealed and been placed on a court order in the community after kicking a woman in the head during a bottle-o raid.

Kye Anthony Carr robbed a BWS and kicked the woman working behind the counter, the court heard. Picture: File

A North Coast man jailed for breaking a woman’s jaw with a fence paling has successfully appealed and been placed on a court order in the community after kicking a woman in the head during a Coffs bottle-o raid.

Kye Anthony Carr was convicted at Lismore District Court of two counts of larceny, two counts of common assault and robbery armed with an offensive weapon after the raid.

The outside of Lismore Court House. Picture: File

The 22-year-old was first sentenced to a three year and five month long intensive correction order (ICO), but had his sentence reduced to a two year and one month ICO.

Lawrence Roberts, 21, was his accomplice in the bottle-o raid. He was sentenced to two years and six months jail, with a non-parole period of 15 months.

Roberts is due to be released on parole on May 31.

Police state in court documents Carr entered the Park Ave, Coffs Harbour BWS about 9pm on December 9, 2021. He was wearing a black cap and a face mask.

Carr swiped a bottle of Green Fairy Absinthe from a shelf and held it behind his head in a “threatening manner” at a woman working as a cashier. He shouted at the victim: “Give me money, give me money”.

The worker’s handbag was snatched and a cash register and safe were raided.

The staff member handed Carr cash from the register and was forced to provide the key to a safe.

Carr cleaned out money and cigarettes and then nicked the worker’s pink handbag, police state.

When the woman was bent over near the safe, Carr “kicked her in the back of the head”.

She threw a closed box cutter at him in self-defence as he fled the shop.

About $9000 of cash and cigarettes were stolen from the safe and handbag.

The worker called police and officers collected glass shards from a broken bottle at the scene during forensic examinations.

Carr was linked by DNA to blood on glass shards and on the handbag, which was recovered.

Police were called to a Coffs property several days later, arrested Carr and took him to Coffs Harbour Police Station.

Officers found he visited Domino’s Pizza at Coffs after the BWS raid, where he stole two dozen cans of Pepsi.

During Carr’s sentence appeal on April 5, Judge Jonathan Priestley asked Carr why he thought his penalty should be reduced.

Car said he had a mechanic job potentially lined up at Coffs, had obtained his learner driver license and had not drunk for almost a year.

“I’ve grown up a lot,” Carr told the court, agreeing it scared him to be a young man behind bars.

Carr also stole drinks from a Domino’s Pizza shop.

Defence lawyer Blake Curtis told the court Carr had been on the job hunt.

“He has been proactive … (Carr) has offers of work once the bail conditions are finished,” he said.

“He’s worked in the past, is capable of working and wants to work, given the opportunity.”

Mr Curtis proposed Carr be placed on an ICO.

Crown prosecutor Sergeant Buckner opposed the appeal and said there had not been any significant changes in circumstances.

It was conceded Carr had reoffended while bail conditions were in place and it “suggests he may be moving away from the lifestyle of offending”.

The prosecutor suggested Carr should be linked up with rehabilitation providers.

Judge Priestley was not impressed Carr had not locked in employment.

However, he said: He’s a young fellow, he has made some mistakes, but he needs to grab out the hands offered to him instead of keeping them in his pocket,” he said.

Carr’s sentence was reduced and he was placed on the ICO.