Stuart Wells and Kristy Burke appear in court for alleged Mittagong RSL armed robbery

Stuart John Wells, 27, of Bowral, and Kristy Barbara Burke, 40, of Moss Vale, appeared before Goulburn District Court on August 20 for sentencing. They had previously pleaded guilty to robbery while armed with a dangerous weapon.

Wells had also pleaded guilty to additional charges of: armed with intent to commit indictable offence, possess ammunition without holding licence, acquire prohibited firearm subject to prohibition order, possess shortened firearm without authority, and reckless grievous bodily harm.

READ ALSO:

The charges relate to a robbery with a .22 calibre shortened rifle at Mittagong RSL on August 22, 2020 where more than $18,000 was stolen.

After presentations from both sides sentencing was adjourned to a later date for deliberations.

Crown prosecutor Nerissa Keay told the court that on the day of the offence Burke had driven Wells around the back of the RSL to a "secluded area" where she waited for him.

She said Wells "armed himself with a weapon, balaclava and socks on his hands" before he entered the venue.

"[The pair were] desperate for drugs and desperate for cash to buy drugs, and this is what drove them to it," she said.

Defence counsel Paul Townsend argued his client, Burke, was not involved in planning and the robbery was "spurr of the moment".

He said Burke was driving a car hired in her own name. "If that's planning it's very, very strange," he said.

In response, Ms Keay argued there was "a degree of planning before the event took place".

"It must be more than a few seconds before [the robbery] that this plan was hatched," she said.

Mr Townsend told the court his client committed the crime while under the influence of methamphetamine.

He said Burke was "not like the other very disturbed women who come before the courts and commit these types of offences, she has potential."

Burke's mother, Fiona Roxanne Burke, presented evidence to the court via audio visual link. She told the court her daughter had grown up in a close and stable family and had done "reasonably well" at school.

In evidence, Fiona Burke said her daughter had been using drugs for "quite some time" but the family had tried to help and put her into rehabilitation many times.

"We were shocked [about the robbery], she said she didn't realise what she was doing and she was scared," the mother said.

"She's never ever done anything like this before.

"With the drugs nothing clicked in, she said she'll never, ever touch them again."

The mother told the court the family were regular patrons at the venue and had "very close friends" who worked at the Mittagong RSL.

Well's defence counsel, Daniel Grippi argued the rifle was not used "as a firearm".

Judge Julia Baly rejected Mr Grippi's argument. She said the alleged victim was "clearly vulnerable".

Ms Keay said "there were a large number of patrons at the RSL and a large number of patrons in fear [who were] confronted with this sawn-off rifle at lunchtime".

"It is a frightening thing to be confronted with a firearm, it is not akin to a baseball bat."

Barrister Grippi urged the judge to consider special circumstances for Wells. He argued current COVID-19 restrictions meant "offenders are locked in their cells for long periods of time which is usually reserved for punishment".

"Wells seems somewhat resistant not only by choice but by circumstance to rehabilitate," he said.

"He is at risk, if not already, of becoming institutionalised.

"Wells lacks the ability to integrate into the community, that's not a good sign."

Burke and Wells will appear at Campbelltown District Court on August 27 for sentencing.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content: