Warren Kirby, 25, pleaded guilty on Thursday in the Bundaberg District Court to robbery in company with violence after an incident on March 5, last year.
Warren Kirby, 25, pleaded guilty on Thursday in the Bundaberg District Court to robbery in company with violence after an incident on March 5, last year.

Victim bashed when grass clipping drug scam turns ugly

A MAN has walked free after a late-night drug scam ended in a unsuspecting victim being robbed and beaten.

Warren Kirby, 25, pleaded guilty on Thursday in the Bundaberg District Court to robbery in company with violence after an incident on March 5, last year.

Kirby was one of three co-offenders who schemed to sell a man a clip-seal bag of grass clippings and call it marijuana for $90.

Crown prosecutor Jacqueline Ball told the court after the transaction had taken place, Kirby and another offender chased the victim and assaulted him before taking his phone, a ring and a necklace.

CCTV evidence shown in the courtroom showed Kirby was one of three offenders.

The footage showed Kirby bending down next to the victim while his co-offender assaulted him, with the third co-offender leaving before the victim was pulled to the ground.

Ms Ball said Kirby (pictured right) wasn't as co-operative with police as his co-offender and told them he "couldn't remember" the offence.

Kirby's barrister Callan Cassidy told the court his client's criminality was less than his co-offender.

Mr Cassidy said it was the co-offender who organised the offending and did the punching and kicking to the victim.

Mr Cassidy said in the past Kirby had mixed with the wrong people while living in shared housing, where he began using drugs.

Judge Anthony Rafter said Kirby's "very serious" charge carried a maximum penalty of life imprisonment.

He also took into account his lack of co-operation in comparison to the co-offenders.

Judge Rafter said he "seriously considered" actual imprisonment.

Kirby was sentenced to 18 months imprisonment with an immediate parole release.



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