Matthew Birch-Hankin sentenced for violent home invasion, assault occasioning bodily harm

A judge has questioned a violent home invader’s light sentence, while sentencing his co-offender for the wild events that saw multiple innocent bystanders assaulted, and one knocked unconscious.

A Queensland court has heard how innocent bystanders were brutally attacked by a group of men who were fleeing the scene of a violent home invasion. Picture: Supplied

A Queensland court has heard how innocent bystanders were brutally attacked in the street by a group of men who were fleeing the scene of a violent home invasion.

Lowood resident Matthew Jacob Birch-Hankin, 22, appeared in the Ipswich District Court on Tuesday after previously pleading guilty to three counts of assault occasioning bodily harm in company, one of enter dwelling with intent at night (with violence, in company), and two counts of assault occasioning bodily harm while armed in company.

The prosecution alleged Birch-Hankin was part of a group of individuals, led by “ringleader” Jason Brian Pettit, 48, that participated in a violent home invasion on August 16, 2020.

Judge Dennis Lynch said Pettit had had a confrontation with the victim, so he “rounded up his group of friends” – including Birch-Hankin – “to extract some revenge”.

The court heard the group broke into the victim’s Childers home, forced their way into his bedroom, and attacked him.

Crown prosecutor Andreas Galloway said Birch-Hankin threw several punches against the victim at that stage.

Lowood resident Matthew Jacob Birch-Hankin, 22, appeared in the Ipswich District Court on Ellenborough St on Tuesday. Picture: David Nielsen

Judge Lynch said the victim suffered a number of injuries including a laceration under his eye.

He noted some of the men, including Pettit, had been armed with pieces of wood.

Judge Lynch said the group then left the house, taking some property with them, before assaulting multiple people in the street for “no good reason”.

“Some of that was quite serious – one of them was knocked unconscious, others struck with pieces of timber and suffering injuries,” Judge Lynch said.

He said Birch-Hankin had not actually assaulted anyone at that stage in the offending, but was considered a party to the assaults nonetheless.

Birch-Hankin spent 153 days in pre-sentence custody awaiting his sentence, with three of his co-offenders sentenced in that time.

One of the co-offenders included Pettit, who was sentenced in November 2021 to two years imprisonment with immediate parole release.

Judge Lynch noted Pettit was not sentenced to any actual jail time for the offending, which he said was “plainly wrong”, considering Pettit was 46 at the time and had a relevant criminal history.

He acknowledged he did not have all of the information regarding that sentencing decision before him, and there could be other factors at play, but said it posed an issue when considering the appropriate sentence for Birch-Hankin.

Judge Dennis Lynch noted Jason Brian Pettit (pictured in a file photo) was also sentenced but released immediately on parole for his role in a 2020 home invasion, while the judge deliberated on a sentence for Matthew Jacob Birch-Hankin in relation to the same home invasion in the Ipswich District Court on Tuesday. Picture: Gary Hutchison

Judge Lynch said he viewed Birch-Hankin’s role in the offending to be lesser that Pettit’s, and Birch-Hankin should therefore receive a lesser sentence.

“Am I nevertheless bound to impose a similar wrong sentence?” he questioned.

Defence barrister Kerala Drew said she agreed that Pettit’s sentence appeared an “extraordinary” one.

She said her client was “extremely intoxicated” on the night of the offending and is now “angry at himself for doing what he did”.

“He’d never like to be before the courts again and he definitely doesn’t want to be in custody again,” she said.

Ms Drew said her client had been introduced to drugs at a young age and had been diagnosed with autism, bipolar disorder and attention-deficit hyperactivity disorder (ADHD).

She further noted his young age and lack of relevant criminal history.

Judge Lynch warned Birch-Hankin his offending was “very serious”.

“To engage in random assaults on people in the street after forcing your way into someone else's house to extract a bit of revenge by way of assaulting them is just not acceptable.”

He sentenced Birch-Hankin to 18 months imprisonment, with immediate parole release.

Convictions were recorded, with Birch-Hankin’s 153 days in pre-sentence custody declared as time served.