'Menace to society' says heist conviction not right
A MAN dubbed a "menace to society" says he should not have been convicted for a night-time armed robbery.
Carlos Clinton Booth has taken his case to the state's highest court, as has fellow convicted armed robber Leniece Leigh Combarngo.
Both were jailed in August.
On Friday, Queensland Court of Appeal was shown footage of a Darling Downs armed robbery.
Three people in hoodies - two with guns - stormed a Gowrie Junction shop in 2015.
Booth's barrister Lincoln Crowley said the Crown case against Booth was circumstantial.
The ownership of clothing and shoes thieves wore during the robbery was among the issues raised at the appeal.
The second bandit in the footage wore a wig and was allegedly armed.
Mr Crowley said there was "a reasonable possibility that Mr Booth was not the second robber".
The courts previously heard two men leapt over the counter as the store was about to close one night.
The thieves took $2791 cash and $212 worth of cigarettes.
A year ago a jury found Booth, Combarngo and Jake Aaron Hearn, 20, guilty of armed robbery in company, but a juvenile male not guilty.
In August, Booth and Combarngo were sentenced in Brisbane District Court.
"You are clearly a menace to society," Judge Richard Jones told Booth, 29.
Booth had long-running drug abuse problems and his brother and father had both died of cancer.
He was jailed for six years but eligible for parole after three years.
When released, Booth would "inevitably" be deported to New Zealand, Judge Jones said.
Combarngo, in her mid-30s, is eligible for parole in November.
The appeal court reserved its decision and will deliver its judgment at a later date. -NewsRegional