Pair who stormed home in violent invasion to be freed early
A bikie and his mate who stormed a Cranbourne West home and terrorised a man with a baseball bat, have had their “excessive” sentences cut.
Police & Courts
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A bikie and his accomplice who terrorised a man during a violent home invasion have had their “excessive” prison sentences slashed.
Finks’ member Henry Stowers, 24, and his mate Joshua Phillips, 37, were last year jailed for 9½ years and 7½ years respectively after they stormed a Cranbourne West home with two other armed men to recover an alleged debt.
The pair pleaded guilty to charges including aggravated burglary, extortion, theft and intentionally causing injury after they threatened the victim with a baseball bat, sprayed him with bear mace and punched him in the jaw.
Both men appealed their jail terms in the Victorian Court of Appeal, arguing they were “manifestly excessive” and not enough consideration was given to their early guilty pleas, the increased burden of imprisonment during the pandemic and personal circumstances.
On Tuesday, Court of Appeal Justices Emilios Kyrou, Stephen McLeish and Maree Kennedy slashed Stowers’ sentence by two years and Phillips’ by three months.
The justices reduced Stowers’ five-year jail term for the extortion charge after finding it was above the usual range of two to three years, while Phillips received a discount to reflect parity to his co-offender.
In the weeks leading up to the break-in in March 2020, Stowers called his victim demanding he pay “10k by tomorrow” or he would “put a f--king bullet” in the “dog”.
When the man failed to pay up, Stowers, who was a fully patched member of the Finks motorcycle gang, enlisted his mate Phillips and two others to extort the victim.
Wearing mask and carrying weapons including a switchblade knife, bear mace and a taser, the group entered the man’s home and bashed down his bedroom door with a baseball bat.
Stowers demanded the man pay up “so this shit can end” but he refused, prompting the group to spray bear mace and punch him in the face.
One of the intruders tried to stab the man but he was able to fend the knife away.
The man’s housemate heard the commotion and was able escape and call police.
The group fled soon after in their stolen getaway car.
Later that night, police overheard Stowers call the man and continue demanding he pay up.
In handing down her sentence in September last year, County Court Judge Felicity Hampel described Stowers as the “instigator” while Phillips was an ”enthusiastic assistant”.
The other two men involved were never identified.