Home invader sentenced

By Jessica Anstice

A Pakenham man has been sentenced to jail for three and a half years after recklessly driving against traffic on a freeway and invading a household full of children.

Michael Harris was drunk and had the vehicle’s headlights turned off when he drove down an off ramp and onto the Monash Freeway in the wrong direction.

Victoria’s County Court heard the 28-year-old had been arguing with his girlfriend at their home, before taking off in his car and driving erratically around Pakenham just after midnight on Sunday 16 January in 2019.

Two witnesses told police they had seen and heard the car driving in Pakenham before police promptly arrived.

Police began patrolling the area and located Harris in the car nearby his house.

When the police activated their flashing lights in an attempt to intercept the drunk driver, Harris drove off and headed towards the freeway.

“There is little doubt that this can be a very dangerous situation which places road users in grave danger by your reckless manner of driving,” Judge Frank Gucciardo told Harris during the court hearing.

Harris was arrested on 1 February in relation to the drink driving incident, but during the interview, he made no comment and was bailed.

On 17 January, while on bail, he and a co-offender were at Harris’ Pakenahm address, where he lived with his partner and three young children, celebrating a 28th birthday party.

One of the witnesses to the drink driving incident lived close by and was at home with his partner and two children, as well as his brother in-law and four other young children.

Harris and his co-offender walked to the witness’s house about 9pm, before knocking on their front door.

As the witness waited in the kitchen with his two children, the witness’s brother in-law answered the door.

Right before the brother in-law went to open the door, Harris and his co-offender unlawfully stormed into the family-home.

The court heard that Harris jumped on the brother in-law, punching him while he laid defenceless on the ground.

The two offenders then entered the kitchen where the witness and his two children were.

In an attempt to threaten the family, the co-offender yelled: “I’ll just blow your head off – you’re all going to die”.

After the two left the house, police arrived and while they were talking to the occupants of the home, Harris returned – with an infant in his arms.

He was quickly escorted by police back to his own house where he was arrested.

“I can reasonably conclude from the circumstances that all the occupants of the home, including the children, would’ve been fearful, if not terrified and traumatised by your conduct,” Judge Gucciardo said in sentencing remarks.

“Certainly the young children present were not actually, at least potentially, exposed to frightful events which may have long term and profound consequences on their state of mind.

“All occupants would’ve felt significant fear and apprehension. Home invasion is a very serious offence.”

In sentencing Harris, Mr Gucciardo told him “I have no doubt that this was an expedition and an entry designed to frighten and confront for a very specific reason – to intimidate that witness.

“Those that contemplate such anti-social behaviour must know that stern punishment will be applied to such conduct.”

He said Harris had a prior criminal history of some 12 pages long – “an appalling record”.

Harris was sentenced to three years and six months’ prison on 10 July, with a non-parole period of two years and three months.