A 21-year-old man who plead guilty to three charges related to the robbery of a Milton service station in December 2019 narrowly avoided jail time at Nowra District Court.
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Caleb Trevithick robbed the BP service station on the Princes Highway at Milton about 12.30am on Saturday, December 7 2019 with another man, who has not been identified.
The console operator at the service station was closing the store when he saw a man outside, who appeared to be urinating.
When he opened the door, a second man wielding a large knife appeared.
The second man threatened the console operator with the knife to gain access to the store before he demanded money and cigarettes.
As the victim struggled to make his way behind the counter, due to ongoing foot and ankle injuries, the man with the knife told him to "hurry up c***, I'll count to 10 then I'll stab you".
The victim gave the two men $350 from the till, along with some coins. The men also took beef jerky, but were unable to access the cigarette cabinet.
After they left on a yellow moped, the victim called the store owner and police to report the robbery.
He has not been able to return to work since the incident due to aggravation of his pre-existing injuries, as well as suffering from psychological distress.
At 12.35am officers on Green Street, Ulladulla observed a yellow moped with the registration NMJ42. The moped would not pull over, and they engaged in a pursuit.
The moped fell over when it attempted to access a dirt track at the AFL oval that leads towards the Kings Point Industrial Estate.
The two men continued along the track on foot, before Trevithick fell over and was apprehended by police.
Trevithick was identified as the owner of the moped, but refused to identify the other man.
In sentencing, Acting Judge O'Connor took into consideration Trevithick's youth and limited criminal history.
Trevithick began to suffer from PTSD aged nine, after he saw his pregnant mother struck by a car.
When he was 15 his brother committed suicide. At about this time his sister and father passed away due to Huntington's Disease.
Prior to the offence Trevithick had experienced a relationship breakdown and job loss. He said he had consumed 10 to 15 drinks in the hours prior to the offence, and has no recollection of the incident.
Acting Judge O'Connor said Trevithick had accepted responsibility for his actions and "made what appeared to be a genuine apology to the victim in court".
Trevithick's psychiatrist was of the opinion his mental health would deteriorate significantly in custody, and a Community Corrections Officer assessed him as a low to medium risk of reoffending, and suitable for community service.
"The offence was no doubt a wake up call to the offender," Acting Judge O'Connor said.
"I am satisfied an Intensive Corrections Order reflects the seriousness of the offence and allow him to access treatment in the community. Incarceration may have the opposite effect.
"You've been given an opportunity today. If you don't comply you may have to go to prison.
"Mum, make sure he keeps his head down and follows those orders."
Trevithick was found guilty of robbery in company, owner not disclose identity of driver/passenger and motor/bike passenger with no helmet.
He was sentenced to an Intensive Corrections Order of two years and eight months. Under the conditions of the order, Trevithick must not commit any offence, must submit to supervision by Community Corrections, must abstain from alcohol and drugs, must follow the directions of a psychologist and must complete 350 hours of community service.
