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Home / Waikato News

False rape complaint spurs brutal home invasion attack on innocent migrant family

Belinda Feek
By Belinda Feek
Open Justice multimedia journalist, Waikato·NZ Herald·
28 Mar, 2023 11:59 PM5 mins to read

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Jimmy Phillips was jailed for four years in the Hamilton District Court on multiple charges after a 2021 home invasion. Photo / NZME

Jimmy Phillips was jailed for four years in the Hamilton District Court on multiple charges after a 2021 home invasion. Photo / NZME

WARNING: This story details a brutal home invasion and may be distressing.

Smashing their way through the home of an innocent migrant family using a variety of weapons, three men unleashed a violent attack on the victims, leaving one so injured he suffered serious brain injuries.

And they would later find out that the needless attack carried out by Jimmy Jay John Phillips and his three associates would all be due to a sexual assault allegation that turned out to be false.

The Hamilton family were in their beds when the group - armed with a circular saw blade attached to a wooden handle, a knife attacked to a wooden handle, and an axe - began banging on the front door of the family’s home just before midnight on July 30, 2021.

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One of the associates yelled they were police officers, waking the teenage victim’s grandmother.

But instead of officers, the men wore hoods over their heads and masks over their faces as they began breaking in. The teenager immediately phoned 111.

The victim barricaded himself and his family in his grandparent’s bedroom by sitting against the door with his aunt.

Phillips’ co-accused, Jared Unsworth - who orchestrated the home invasion after believing his girlfriend had been raped - was videoing the incident as they smashed their way through the glass window next to the front door before breaking the door.

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They then broke their way through a hallway door before smashing their way through the bedroom door by kicking and hitting it with weapons.

The knife went through the bedroom door at one point, narrowly missing one of the victims.

The group managed to break a large hole in the door, grabbing one of the victims by the hair, pulling her to her feet, and pushing her back into the room.

Phillips and his two associates then started attacking the teen boy, hitting him across the head and legs, as Unsworth filmed what was happening.

The victim was eventually knocked unconscious while another victim was punched and kicked in the back and arms after she threw herself over the teen boy to try to protect him.

Another female victim was sitting on the floor screaming and covering her face in fear and was kicked in the back and stomach.

The teen victim’s grandfather was bedbound, unable to stand or have full use of his body because of a previous stroke. One of the offenders began yelling at him, grabbing him by his left hand, and trying to drag him out of bed.

He didn’t suffer any visible injuries, however, the teen boy was hospitalised with a brain bleed and multiple skull fractures including to his eye socket, along with cuts.

He also suffered a large 10cm by 3cm “transverse” laceration to his calf so deep it struck various muscles.

The victim spent about three weeks in Waikato Hospital recovering.

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Court documents reveal Unsworth’s girlfriend had been in town with a friend the week before when they met the victim and a friend.

Phillips, 22, appeared for sentence on charges of aggravated burglary, wounding with intent to cause grievous bodily harm, injuring with intent, and common assault in the Hamilton District Court.

Crown prosecutor Paige Noorland said the impact on the victims had been “profound” and changed their life trajectory.

Phillips’ counsel Glenn Dixon said there was now “significant” animosity between his client and Unsworth from that night as he’d felt used and manipulated into being drawn into the attack.

He’d placed “undue weight” on their friendship and reacted in the extreme.

Phillips endured an “adverse childhood” that left him traumatised and victimised and he had a high sense of whakamā.

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Judge Noel Cocurullo labelled it a “very serious and very violent home invasion” and “disgraceful behaviour”.

“You now say, in the sober light of day, that all of this was a manipulation by Mr Unsworth against you.

“I understand what you are saying, but you chose to go with Mr Unsworth.

“You chose to break into the house, and you chose to mete out this violence to these people who were innocent and had done nothing to you.”

He told Phillips the sentencing process wasn’t just “about you”.

“I’m telling you first and foremost in my mind is this impacted family who had done nothing to you, who was in the sanctity of their own home.

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“They were entitled to feel safe, to not be beaten by you and your cohort.

“You talk about whakamā. There’s your whakamā right there in your conduct.

“These people were pushed into this room. You knew that there was an attack on [victim], weapons were hitting him multiple times against the head and legs, and [he] was kicked unconscious.

“As a result, he had to be monitored for a brain bleed... you knew there was a woman in the room, screaming and covering her face in fear.”

The incapacitated grandfather was traumatised by what he witnessed happening to his family, the judge said.

“...I make no apology for putting the victims first and foremost in this sentencing.”

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He appreciated Phillips took a “most responsible approach” by surrendering his bail in May last year after pleading guilty and going into custody.

“It’s quite unusual and I think that says something of you, Mr Phillips, in wanting to take responsibility for what happened.”

He gave discounts for Phillips’ guilty plea, Section 27 cultural report, and remorse, totalling 60 per cent, coming to an end jail term of four years.

The identity of the victims and witnesses was suppressed.

Jared Unsworth was earlier jailed for three years and nine months for his role in the attack.

A 16-year-old offender received a lesser sentence, while the remaining accused will stand trial.

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