Gerald Malcolm Cole had 30 years of offending but at 51 he reckons it’s time to go straight

The man had years of offending but the magistrate described his role in the violent robbery of a 67-year-old woman at a shopping centre as a major step up in criminal activity.

Clifford Gardens Shopping Centre, Toowoomba.

At 51 years of age, a 30-year career criminal reckons he’s going to at last address his drug issues and get his life on track.

Gerald Malcolm Cole had 15 pages of criminal history and spent regular stints in prison since he was first jailed for five years in 1995, Toowoomba District Court heard.

The father of two adult children appeared in custody before the court to plead guilty to his role in a violent armed robbery at Clifford Gardens car park on April 12, 2023.

The court heard Cole had been sitting in his car when an as yet unidentified associate got out of the car and stole a woman’s handbag from her car and ran back to Cole’s vehicle.

The 63-year-old woman gave chase and engaged in a struggle with the man who pushed her over, hitting her head on concrete and leaving her bleeding, Crown prosecutor Emily Coley told the court.

The two offenders then drove off.

Clifford Gardens Shopping Centre, Toowoomba.

However, a member of the public had recorded part of the robbery and Cole, who was well known to police, was identified and found two days later and taken into custody.

He spent the ensuing 10 months in jail before pleading guilty on Friday, February 23, to robbery in company with personal violence.

His barrister James Wallace said Cole had simply been sitting in the car and hadn’t realised what his associate was doing but it was conceded after his co-offender returned to the car Cole had engaged in the offence.

Despite his lengthy criminal history which consisted mainly of property, stealing, unlawful use of motor vehicles and drugs, this was the first time he had been involved in a robbery, albeit at the “tail end”, he said.

Cole had at the time fallen back into drug use which was behind the offending and he intended upon his release from jail moving away from Toowoomba and old associates, getting off drugs and finding work, Mr Wallace said.

Ms Coley said the woman sustained a cut to her scalp, concussion, nausea and dizziness and spent the night of the incident in hospital.

Judge Paul Smith told the prisoner “You’re too old to be sitting there (court dock)”

The robbery was “brazen” being in the middle of the day and with people around, she said.

Judge Paul Smith said he was impressed that, by certificates provided to the court, Cole had done a number of courses in custody to learn how to avoid drugs and better himself.

“You’re too old to be sitting there (court dock), aren’t you, you’re 51,” Judge Smith told Cole.

“A pretty long (criminal) history but no previous for robbery charges, so this is a big step up in your criminal behaviour.

“Your history is explained by drug use.

“The key is pretty simple, if you stay off drugs you won’t be back here, if you use drugs you will be.

“You’ve been in jail a long time now and we can’t just throw away the key.”

Judge Smith sentenced Cole to three years in jail but, declaring 315 days of pre-sentence custody as time served, ordered he be released on parole on April 13, 2024, after having served one-third of the head sentence.