Sledgehammer-wielding jewel thief spared jail

A thug has avoided jail over jewellery heists in Melbourne, with a judge insisting the 20-year-old wasn't linked to the notorious Apex gang.

Akon Mawien admitted he took part in two terrorising armed robberies that netted $200,000 from jewellery stores in July 2016.

Two of his co-offenders were locked up -  but Judge Elizabeth Gaynor today ruled the 20-year-old offender didn't deserve the same punishment, asserting a three and a half year supervised community order “is not going back into the community free.”

In defending her decision not to sentence Marwien to a term of imprisonment for the serious crimes "In my view your case Mr Marwien is one of those exceptionally rare cases,” Judge Gaynor said.

The County Court heard the then 18 year-old was a promising cricketer, but injuries and unemployment sent him into a downward spiral.

His defence argued that Mawien came into contact with fellow bandit Maker Mayoum “by chance”, that his friend fed him drugs and enticed him to join in the smash-and-grabs at Coburg and the CBD. The brazen armed robberies just 90 minutes apart.

In sentencing Judge Gaynor blamed Mawien’s ice use for his involvement in the terrifying crimes.

“He gave you ice in an amount that you had not previously experienced, you were then recruited into participating in this appalling offending," she said.

The sledgehammer raids were organised by Apex ringleader Mahmoud Taha, with the promise of cash and girls in return, but the judge was adamant Mawien had no ties to the notorious gang.

Mawien’s lawyer, Michael McGrath, told the court his client "has become the poster boy for Apex linked youth crime.”

Despite the judge attributing the violent offending to his drug use, Mawien was further spared any order to undergo drug treatment, her honour found he'd already been fully rehabilitated and shown genuine remorse for his actions.

Mawien's youth justice worker, Gene Bell, gave evidence he believed the armed robber was no longer a danger to the community, and said “I’ve never seen a man who is so committed to being given another chance.”

Mawien must complete 300 hours of unpaid community work.