A man jailed for two-and-half years for stealing $16,500 from a Foxton shop appealed his sentence at the Court of Appeal in Wellington today.
Chassy McAllister Ford Duncan's lawyer argued the sentence handed down by Judge Graeme Noble was manifestly excessive.
Duncan, then 19, was out with two friends in
March last year when they stopped at the shop so one of his friends could buy an ice block.
While the friend was in the store, he either noticed the safe was open or found the key, and quietly took about $16,500 out before placing it in a rubbish bin inside the store's bathroom.
He then told Duncan who went into the shop to retrieve the cash.
Crown lawyer Kerryn Beaton said the sentence Duncan given was within the bounds of acceptability.
Duncan had time to consider his decision to take the money out of the rubbish bin.
He was also out on bail for a previous offence at the time of the robbery.
Duncan's defence attorney Keith Becker said the sentencing was too harsh for the crime, and he deserved a lighter charge because he had expressed sincere remorse.
Mr Becker said even though there were two others involved in the robbery, Duncan seemed to be taking all of the punishment.
"The officer in charge made no effort to find the two other people."
Duncan made the news in 2007 when he escaped police custody through a faulty window of a paddy wagon and went on the run, after a court appearance for a previous burglary.
His mother sought advice on the Trade Me message boards as to whether she should turn him in if she knew where he was.
Justices Susan Glazebrook, Warwick Gendall and Raynor Asher reserved their decision.
- NZPA
