THOUGH a Queensland appeals court justice has suggested a Bundaberg armed robber's chances of being released on parole are, anecdotally, slim, the man has argued his parole eligibility date should be in line with his co-accused.
Nickolas John Gerrard told his friend to drive to Red Rooster before he grabbed a hoodie and a knife and robbed the Night Owl store in just 20 seconds.
The 28-year-old was drunk and on drugs, and was desperate for another drug hit, when he charged into the Bourbong St store on April 13, 2012.
He made off with about $370 cash that he used to buy drugs.
Police found him surrounded by used syringes later that night.
Gerrard was sentenced to five years jail with parole eligibility on June 18, 2015.
Because he was on parole for other offences when he committed the armed robbery Gerrard had to serve 11-and-a-half months before he could begin the latest sentence.
Counsel acting for Gerrard told the Queensland Court of Appeal on Tuesday that the co-accused, who did not know the robbery was taking place until he saw Gerrard grab the knife, would effectively serve 10 months less jail time.
He said both men had committed previous offences and were on parole when the robbery took place.
Gerrard's barrister argued if neither man was granted parole for the armed robbery, that taking into account custody for previous offences, there was real disparity.
He said Gerrard would serve six years and 10 months in custody while the other man would serve a total four years and three months.
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.
The Court of Appeal reserved its decision.
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