Nigel Kaine Purcell, Alandos James Purcell, Wayne David Emmerson jailed over Mackay home invasion
What started as a misunderstanding over a mobile phone escalated into a violent home invasion. Here’s the latest in the sad saga
Police & Courts
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A misunderstanding over a mobile phone has torn a Mackay family apart, with a single act of violence leading to a revenge home invasion, a court heard.
The eye-for-an-eye breakdown began on November 12 when brothers Desmond and Mark Burns assaulted their nephew at his home with a flask of boiling water, believing he had Desmond’s phone, the court heard.
Desmond threw the water at the man, who suffered burns covering 25 per cent of his body. Their case was finalised in October.
The victim’s brothers, Nigel Purcell, 36, and Alandos Purcell, 34, along with their stepfather Wayne Emmerson, 47, sought their revenge the next day.
Mackay District Court heard how the three defendants violently invaded the home of Desmond and Mark’s mother, where Desmond and Mark were staying at the time.
The court heard Mark tried to stop them entering the bedroom but the trio forced their way inside and punched Desmond.
The court heard Emmerson dragged Desmond across the room and Nigel also punched Mark on the nose.
All the while, Desmond and Mark’s mother yelled out for them to leave.
Prosecutor Erin Kelly said the assault was “essentially a vigilante-style attack”, adding the victims had suffered emotionally and physically.
The trio pleaded guilty to assault occasioning bodily harm for the attack on Desmond, while Nigel also pleaded guilty to assault occasioning bodily harm for the strike on Mark.
Barrister Kate Juhasz represented Nigel and said her client had kept watch at Mackay Base Hospital where his brother was treated for the burns he suffered in the November 12 attack.
“He stayed there late into the night,” she said.
Ms Juhasz said Nigel was “remorseful”, particularly for the impact the violence had had on his grandmother.
The court heard Nigel was married with three children and is the primary breadwinner of the family.
Barrister Patrick Wilson represented Alandos and said his client harboured “deep regret” for his actions.
“He acknowledges he reacted very badly to an emotional situation,” he said.
The court heard Alandos was a father of three and works at a coal mine.
“He seems to be regarded as a very good employee,” Mr Wilson said.
Barrister Scott McLennan represented Emmerson and said his client regretted his actions.
Judge Anthony Rafter said the trio had acted in a “vigilante manner”.
“Your behaviour was reprehensible,” he said, also noting all had pleaded guilty, expressed remorse and had favourable references.
“I am satisfied this offending is out of character.”
Nigel, Alandos and Emmerson were jailed for 18 months, wholly suspended for two years. Convictions were recorded.
Judge Lynham sentenced Desmond Burns at Mackay District Court 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.
His parole release date was set for July 31, 2023.
Mark Burns 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.
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