Desmond Ray Burns, Mark Edmond Burns and Lucas Noel Burns sentenced for home invasion

What began as a dispute over a mobile phone morphed into a violent altercation, with a shocking home invasion followed by acts of retribution.

Desmond Ray Burns runs into the Mackay courthouse on September 30 for his sentence. Picture: Duncan Evans

What began as a dispute over a mobile phone morphed into a violent altercation, with a shocking home invasion followed by acts of retribution.

Brothers Desmond Ray and Mark Edmond Burns and their nephew Lucas Noel Burns broke into the home of another of Desmond and Mark’s nephews on November 12, 2021, believing he had Desmond’s mobile phone.

The 29-year-old victim woke up to find Desmond, aged 38, Mark, 44 and Lucas, 27, standing in his hallway, with Desmond in front.

Desmond threw a flask of boiling water at the man, who later described the pain as “terrible”.

The victim suffered burns covering 25 per cent of his body but that wasn’t the end of the attack.

Mackay District Court heard Desmond pinned the man to the ground, at which point Lucas stepped in and repeatedly punched the man in the face.

Desmond, Mark and Lucas appeared in court on September 30 before Judge Lynham and pleaded guilty to the shocking acts of burglary and assault.

Crown Prosecutor Michelle Parfitt said the brutal attack was “evidently premeditated” because the flask of boiling water had been brought to the home.

The court heard the brutal home invasion was not the end of the violence.

The following day, Desmond and Mark were themselves the victims of home invasion and assault, retribution for their own attack.

The court heard four men broke into the home where Desmond and Mark were staying.

Desmond Ray Burns runs into the Mackay courthouse on September 30 for his sentence. Picture: Duncan Evans

Defence barrister Paul Rutledge said Desmond was “severely beaten” and lost his front tooth in the attack.

“Now he doesn’t like to smile,” he said.

Desmond also suffered a cracked rib.

Mark, represented by defence barrister Scott McClennan, was punched in the jaw and nose.

Lucas was also attacked and spent five days at Mackay Base Hospital.

Lucas’ solicitor Sean Gibbs said his client suffered a broken leg from the assault.

Desmond, Mark and Lucas were arrested by the police on November 14.

Mark and Lucas were remanded in custody while Desmond was granted bail.

The court heard the Mackay-based Burnses all had criminal histories.

Lucas was on parole at the time he participated in the home invasion.

Mr Rutledge said Desmond had changed since the time of the offence, undergoing an extensive rehabilitation program.

“The man that is sitting in that dock is not the man who committed the offence,” Mr Rutledge said.

The court heard Desmond had gone through some turmoil prior to the offence, including the death of a co-worker and problems with his girlfriend.

The court also heard Mark laboured under severe mental health challenges.

In his remarks, Judge Lynham said he would take the “extra curial” punishment meted out to Desmond, Mark and Lucas into his sentencing consideration.

“The simple reality is, you can’t go around, even if you have a sense of grievance, to someone else’s house, kick down the door and be involved in an assault upon them,” he said.

“The fact you each experienced that yourself the following day has a certain irony about it.”

Desmond was sentenced to three years in prison for burglary, 2.5 years for assault occasioning bodily harm while armed and two years for assault in company with another person.

All terms were ordered to be served concurrently.

His parole release date was set for July 31, 2023.

Mark was sentenced to two years and eight months for burglary, two years for assault occasioning bodily harm and 18 months for assault in company with another person.

His parole release date was set for September 30.

Lucas was sentenced to two years and nine months for burglary and two years for assault occasioning bodily harm in company with another person.

His parole eligibility date was set for September 30, 2022.

Before he was led away, Desmond left the dock briefly to hug his family members.

Desmond’s mother sobbed as he was taken into custody.