Father, son jailed for violent home invasion

00:13, Feb 28 2014

The father and son found guilty of a violent home invasion at a rural Brightwater property have been sentenced to over three years in prison.

Trevor William Gear, 60, appeared in the Nelson District Court in April last year charged with burglary and injuring with intent to injure.

Mark Shane Gear, 35, a plumber, also appeared on charges of cultivating cannabis, assault on a child, burglary, wounding with intent to injure, and unlawful possession of a pistol. The Crown told the court that at around 9.45pm on April 6, the victim was at his property along with his 10-year-old son.

He had been engaged in a dispute with a previous tenant over $20,000 worth of debt.

A day earlier he found someone had scratched the words "bak off" into the bonnet of his vehicle.

A vehicle pulled up outside the address and the victim went outside with a torch to check the property to question who was there. The two men were wearing balaclavas over their faces, the bigger one said "[we are] looking for you, got a message from Pam". The victim yelled at his son to call the police.


The bigger of the offenders grabbed the victim who tried to fend him off and prevent the second from going inside the house.

The second offender managed to break free, went inside the house where he threatened the boy, took the phone off him and pushed him backwards on to a bed.

Meanwhile, the first offender threw punches to the victim's head and chest and threatened to kill him.

The second offender returned and smashed the back of pistol to the victim's head.

The victim managed to pull off the first offender's balaclava to reveal his identity in the process.

The three continued to brawl until the victim managed to defend himself with a pool cue when the pair decided to leave.

At their exit, the victim ran after the car and took pictures of the licence plate.

The victim suffered extensive injuries to his neck, body, knees and lacerations to his face, ears and head.

He was taken to Nelson Hospital for treatment and discharged after two days.

Throughout the sentencing, Judge Tony Zohrab sent Trevor Gear back to the cells after he was warned to stop shouting obscenities in the court room and failed to do so.

He sentenced Trevor Gear to three years imprisonment. While the starting point was four years imprisonment, time was deducted because of his guilty plea.

While Mark Gear's starting point was five years, Judge Zohrab sentenced Mark Gear to three-and-a-half years imprisonment because of his guilty plea and progress he made in prison.