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Binyam Teklemarian, 21, pleaded not guilty to attempted robbery and assault because he claimed he was just joshing
Teklemarian abandoned his appeal over conviction, but was cut free anyway
Judge tells Teklemarian he will give him a chance to behave despite 'pathetic' compliance with community orders

By Wayne Flower In Melbourne For Daily Mail Australia

Published: 17:05 EST, 1 December 2018 | Updated: 17:05 EST, 1 December 2018

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A bumbling robber who attempted to escape prosecution for a service station robbery by saying he was only pretending has been set free on appeal despite begging to go to jail.

Binyam Teklemarian, 22, of West Footscray in western Melbourne pleaded not guilty in June to attempted robbery and assault over the bungled 2016 raid because he claimed it was only a joke.

He was still found guilty and sentenced to 75 days in jail, but was released after serving just 21 days after appealing the decision and being granted appeal bail.

Binyam Teklemarian leaves Melbourne Court on Friday

Binyam Teklemarian extends his hand moments after realising the game was up

Binyam Teklemarian realises the error of his ways and tries to pretend the robbery was a joke

The remorseless thug, who has a history of violent offending since childhood, appeared in the County Court of Victoria last week where his sentence was deferred yet again for another 10 months.

CCTV footage played in the Melbourne Magistrates’ Court in June showed a hooded Teklemarian waltz into the Caltex service station in Footscray and make his way to the counter.

Footage showed him holding the bottom of his hoodie to cover his face as he made demands for cash.

Cashier Harish Alla has never worked in the business again after his terrifying ordeal.

He had been going about his business testing the fridges when Teklemarian came in shouting.

He quickly made his way to the secure console area near the cash register where the brazen thug made his demands.

'Give me all the money with you,' the bandit yelled. 'Give me the money in the register. Give me everything you have.'

The terrified cashier hit the button locking the bandit inside before repeatedly hitting the emergency button.

He told Teklemarian he was locked inside and that police were on the way.

It was only then that the smiling Teklemarian changed his tune, showing his face before outstretching his hand and offering the cashier a handshake.

“Brother, I’m joking,” he said.

Binyam Teklemarian thought it was no joke having his picture taken outside court

Binyam Teklemarian strikes a pose outside the County Court of Victoria

The police did not appreciate Binyam Teklemarian's 'joke' and charged him

The County Court heard Teklemarian had prior offences including assaulting police, possessing a weapon on court grounds, affray, criminal damage and breaching bail.

After his hearing in June, Teklemarian attacked a police officer outside the court room and was arrested on the spot.

He was sentenced in October to two months in jail followed by a nine month community corrections order for offences including recklessly causing injury, assaulting police and committing offences on bail.

He had already spent 72 days in jail after breaching a community corrections order and begging to have his community work converted to jail time.

Judge Bill Stuart described Teklemarian's compliance with his community order as 'pathetic' and further criticised the sentence he had appealed over the attempted robbery.

Binyam Teklemarian struts his way outside the County Court of Victoria

'75 days is light to say the least,' he said. 'I consider the magistrate's sentence to be light - showing a leniency given your priors that perhaps you didn't deserve.'

Judge Stuart said Teklemarian had put in no effort to his previous community order, which saw his workload reduced from 300 hours, to 50 hours to jail time.

'It's a pathetic effort,' he said. 'The contravention report speaks to a pathetic effort ... disengagement and a wish to go to jail rather than complete the order.'

Despite being provided yet another corrections order in October, Judge Stuart said he felt compelled to give Teklemarian yet another chance at freedom.

'This young man needs an opportunity to prove himself. If he doesn't, it's jail,' he said. 'You should start growing up ... I'm giving you a chance. Take it.'

Even then, the loud mouthed reprobate couldn't help but argue the toss.

'Can I say one thing. Some of the charges ...'

His barrister wisely forced him to shut-up before he could continue.

On leaving the court, Teklemarian, who had previously abused media in the court, told a reporter he'd be seeing him again.

'See you later alligator,' he quipped.

Teklemarian will be sentenced in September next year.