A MARYBOROUGH man who was sentenced to five years in jail for armed robbery has had his bid for a reduced sentence rejected.
He claimed his sentence was manifestly excessive.
Daniel Lucas Baumgart was sentenced in the Maryborough District Court in October last year after pleading guilty to a number of fraud, drug and armed robbery offences which took place the previous year.
The court heard in relation to the fraud offences he used a stolen credit card to rack up $2770 worth of electronic goods, $1260 worth of jewellery and attempted to purchase $102 worth of good which was unsuccessful.
The court heard that on December 22, 2012, Baumgart and others were involved in a robbery where he jumped into a car and held scissors to the driver's throat before demanding her handbag and key to the vehicle.
Bystanders witnessed the robbery and attempted to intervene resulting in the men fleeing from the scene.
The court heard Baumgart had an extensive criminal history resulting in imprisonment on 20 separate occasions.
At the time of the fraud, drug and armed robbery offences Baumgart was on a suspended sentence for earlier offences.
However, the Queensland Court of Appeal found on Friday that in Baumgart's case the punishment fitted the crime and dismissed the application.
"There could be no complaint about the sentences imposed in view of the seriousness of the offending and the personal circumstances of the offender," it determined.
"The minor error by the sentencing judge of referring to his committing the robbery 'on bail and in breach of parole' rather than on bail and in breach of a suspended sentence could make no difference to the sentence imposed."
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