Judge shows ‘no mercy’ to armed robber who terrorised a couple during a violent home invasion
A thug involved in a terrifying home invasion which saw a couple’s home torn to pieces and the homeowner bashed will likely walk free from jail in a little over a year.
County Court Judge Frank Gucciardo said he has shown three-time armed robber Alan Moughanie no mercy.
Moughanie, of Craigieburn, was armed with a car jack handle when he busted through the door of James Lee’s Glenroy home about midnight on October 30, 2016.
Judge Frank Gucciardo said he would show home invader Alan Moughanie no mercy
Moughanie went to his victim’s home armed with a car jack handle and a mate packing a gun
He was with three mates – one of whom was packing a shotgun.
Moughanie had only been released from jail the year before after being locked up in 2013 for an armed robbery.
He pleaded guilty to a charge of aggravated burglary – which carries a maximum jail term of 25-years – and the theft of a motor vehicle.
Judge Gucciardo sentenced Moughanie to five years and three months in jail, with a non-parole period of three years and two months.
His victim had been bashed, robbed and left for dead.
Moughanie has already spent more than 690 days behind bars, which means he’ll be eligible for parole in about a year and three months.
Judge Gucciardo said his sentence not only showed no mercy, but was just.
‘To be confronted at your front door late in the night by armed men who proceed to terrorise you and your family, who assault and injure you … is utterly abhorrent behaviour which calls for clear denunciation and deterrence,’ he said.
‘The community looks to the court to impose stern and just punishment on such conduct.’
Moughanie and his mates raided the home in a shocking case of mistaken identity
The criminal had previous form for wearing a balaclava and committing armed robberies
He further added that his sentence would send an ‘unequivocal message to others that are like minded that such behaviour is unacceptable’.
The 39-year old father of two raided the couple’s home on the mistaken notion they could score some drugs there.
But the clean-living couple had lived in the home for the past six years and was fast asleep when their worlds came crashing down around them.
Mr Lee was hit in the head and kicked while down.
The bloke with the shotgun called him a ‘prison rat’ while another ran to his bedroom where Mr Lee’s wife was sleeping.
He begged the men not to hurt her, but the coward with the shotgun smashed him with the weapon and told him to shut up and stay put.
Moughanie and his cohorts asked for money and jewels.
Enraged, the men literally tore the Lee home to pieces, stripping up carpet, dismantling the oven and climbing into the roof.
They then stole the family car, burning it out in Corio, near Geelong.
Moughanie’s DNA was pulled from the burnt-out wreckage and police picked him up at his bungalow nearby.
He denied involvement in the crime all the way up to his jury trial date when prosecutors offered him a deal he couldn’t refuse.
In doing so, Judge Gucciardo said he had to accept Moughanie had not participated in bashing Mr Lee, did not know his mate was armed with a shotgun until the raid began and did not destroy the stolen car.
The court heard Moughanie had been provided chance after chance by Victoria’s justice system before the shocking home invasion.
Moughanie’s Thug Life
September 7, 2010: Robs a Roxburgh Park service station armed with a baton
April 8, 2012: On bail awaiting sentence, attempts to rob a chemist at knife point while wearing a balaclava
April 14, 2012: Robs a chemist while masked and wielding an axe
August 17, 2012: Sentenced and serves a minimum term of 18 months
November 28, 2013: Sentenced to a minimum of 15 months over the April attacks
In 2001 he was done for assault and again in 2002.
In 2004 he was dealt with for recklessly causing serious injury and in 2007 – the same year drug dealers shot him in the legs – breached a community corrections order and an intensive corrections order.
In 2009 he was back in court for having drugs and ammunition and in 2012 escalated to armed robberies.
In a powerful victim impact statement, Mr Lee described his absolute fear over the attack, which had left him with severe anxiety and flashbacks.
He also lost his job because he didn’t have a car and needed to borrow money from his mates.