Shaquel Thorpe, 23, of Cobram, pleaded guilty in the County Court to attempted armed robbery.
Thorpe, who was 22 and lived in Shepparton at the time, tried to rob a truck driver at Liberty Service Station on Benalla Rd while he was there refilling his truck on April 29, 2024.
Thorpe told the truck driver to “give me your wallet”, and repeated, “just give me some money”, while holding a 30cm baton made from a dumbbell weight.
However, the truck driver kicked Thorpe in the chest, grabbed the baton and wrestled him to the ground.
While attempting to drag the baton away from him, the truck driver dragged Thorpe towards the service station before letting him go.
Thorpe later told police where the baton was, and the reason he tried to rob the truck driver was because he’d wanted cigarettes.
He was on bail for one count of aggravated burglary at the time of offending.
In sentencing Thorpe, Judge Scott Johns said it was a “forlorn” attempt at an armed robbery because he was always going to be captured on CCTV.
Judge Johns acknowledged Thorpe suffered from crippling anxiety, and resorted to heavy alcohol consumption to manage the stress and deterioration of his mental health.
He noted Thorpe had a “less than stable” childhood where he was neglected, and struggled to keep up at school where he was bullied.
Thorpe was sentenced to 69 days in prison — which has already been served in pre-sentence detention — and an 18-month community corrections order.
The corrections order includes conditions that he be assessed and treated for his mental health.
Judge Johns told Thorpe completing the order was in his best interests.
“Completing this order will allow you to move on with your life,” he said.