With their hoods up and faces covered, the group stormed the store at 9.20pm with Smith raising his fist towards one of two staff members working inside.
A co-offender raised a screwdriver while they all yelled threats at the victims.
Smith ran in and out of the store about five times, stealing various products including alcohol and cigarettes, while a co-offender recorded the incident on his phone.
He also carried a tray of cigarettes out to their stolen vehicle and handed his phone to another co-offender so he could continue filming.
That defendant then loaded cigarettes into his backpack.
The group were in the store for barely two minutes but managed to flee with at least $10,000 worth of loot.
The previous month, Smith was also involved in the theft of a Toyota from Hamilton, which was driven to GAS Hinuera. He and an associate then smashed their way inside at 4.07am.
The pair stole “numerous” vape products and cigarettes before fleeing.
Crown solicitor James Lewis told Judge Noel Cocurullo that Smith committed the offences while on release conditions from jail for carrying out two other aggravated robberies.
While no firearm was involved, he pushed for the judge to issue a firearm prohibition order and a minimum non-parole period of 50% given the seriousness of his behaviour and the need to protect the public.
Counsel Russell Boot asked the judge to leave Smith’s prison release date up to the parole board, also citing his age and background factors, which were detailed in a psychological report.
‘You’ve left me no choice'
Judge Cocurullo said Smith’s reports read like he was “an out-of-control young man”, especially given his history, which Boot accepted.
The judge also didn’t appreciate Smith smirking at various times during the hearing stating, “Is this funny?
“This ain’t a joke,” he told Smith.
While Boot pushed for discounts to be applied for issues in his Section 27 report, Judge Cocurullo said he would, but only to a limited extent, as Smith couldn’t keep coming to court, brandishing the same report and expecting to get the same amount of discounts.
“I have considered it is diminishing returns. You can not expect a high return when the problem still exists,” allowing him 10% for the report’s contents, along with 20% for his pleas, and 5% for youth - with a 10% uplift for his criminal history.
“It’s likely, in my count, that if you appear on other matters there will be no Section 27 discount.”
Although no firearms were used, given Smith’s proclivity for aggravated robberies, Judge Cocurullo thought it prudent to grant the Crown’s application for a firearm ban.
However, he declined to order reparation as Smith had no money and it would only further victimise those involved.
He also agreed to issue a minimum non-parole period.
“So out of control is your behaviour, the community needs to be afforded the protection of a minimum non-parole period and I impose 50%.
“This was a finely run thing because of your age but your previous offending ... leaves me no choice but to make that.”
Judge Cocurullo jailed Smith for three years and 11 months and issued a minimum period of imprisonment of 50%.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.
