The intruder began nonsensically rambling ‘about the toilet seat being grey’ when he was confronted
Robert Harvey, of Conway Street in Birkenhead, aged 34(Image: Merseyside Police)
An 11-year-old boy woke up to find a stranger eating a packet of crisps in his bedroom. Robert Harvey “stumbled into” the family home in an intoxicated stupor before making his way from room to room within the property.
When confronted, the intruder then began nonsensically rambling “about the toilet seat being grey”. He subsequently left the address after pocketing four bags of crisps, cigarettes and a tenner but later broke down in tears, having sobered up following his arrest.
Liverpool Crown Court heard yesterday afternoon, Thursday, that the boy was asleep at the house in Rock Ferry, Wirral, at around 3am on October 22 this year but awoke to find Harvey in his room with a pack of crisps in his hands. Having initially pretended to be asleep and sent a message to the family group chat as he attempted to raise the alarm, he then saw the burglar entering the bedroom of two of his sisters, although neither of the girls woke up.
Matthew Dixon, prosecuting, described how the youngster bravely told Harvey, of Conway Street in Birkenhead, to “wait there” before running to his mum’s room in order to alert her. She thereafter found the 34-year-old at the bottom of the stairs, while the dad of one of her five children confronted him and demanded to know why he was in the house.
However, Harvey responded by “mumbling something about the toilet seat being grey”, leading the mother and father to “form the impression that the defendant was on drugs”. Having “tried to usher him out of the property”, he then “left of his own volition” and walked away.
The mum thereafter discovered that £10 was missing from her purse, with a packet of cigarettes having also been taken and various snack foods having been opened and left strewn around the kitchen. Harvey was arrested a short time later nearby, in possession of four bags of crisps, the cigarettes and two £10 notes.
When interviewed later the same day, he made “full and frank admissions” and “acknowledged that he was intoxicated”. While Mr Dixon stated that the offender had “in many way stumbled into the property”, he added: “The effect this will have on a child will be profound and long lasting.”
Harvey has a total of 44 previous convictions for 61 offences. He has since been recalled to prison on licence, having been handed a 28-month sentence for possession of class A drugs with intent to supply in May 2023 and a consecutive six-month term for similar matters in January this year.
Suzanne Payne, defending, told the court that her client had recently been diagnosed with ADHD and bipolar disorder, adding: “Since his release on the 22nd of October last year, he had been complying and did comply with his probation officer. He had a positive attitude to change his life around.
“The difference on this occasion was that he had a job. He was working and enjoying working. In relation to this offence, he cannot assist the court how he came to be in that house. He just does not know. Whatever he had drunk or taken that night, he does not know.
“When one looks at his previous convictions, he has a lot of acquisitive crime, but it is shoplifting. There is nothing of this nature. He has struggled over the years with drug addiction. He is open about that.
“He was very tearful throughout the interview and kept repeating how he could not forgive himself. He accepted full responsibility for his actions and still does. He did not mean to cause anybody harm or distress.
“What was being said to him about the offence was making him feel sick. He acknowledged how scared the children would have felt. He is ashamed of being in that house and the impact it will have had on the children.
“That is not how he was brought up. He is ashamed and distraught. Since his recall, he has started education within the prison environment. Since he has been in custody, he has had no negative reports at all and it appears that he is making good use of his time.”
Harvey admitted one count of burglary. Appearing via video link to HMP Liverpool wearing a grey Nike t-shirt and sporting short brown hair, he was jailed for 14 months.
Sentencing, Recorder Anna Price said: “Just before 3am, [the boy] woke up to see you in his bedroom. He was understandably scared. He pretended to be asleep. He was able to text the family group chat and ask who was downstairs.
“You started mumbling. You were not making any sense. [The dad] was, not surprisingly, panicking. They did not know what you were capable of. You were not confrontational, but you appeared to be confused and, initially, refused to leave. However, you did eventually go and the police were called.
“This must have been a terrifying experience for that family, who woke up to find a strange man in their house in the early hours of the morning. While I accept that this particular type of offence was out of character, you have a long history of appearing before the courts for offences of dishonesty and breaches of court orders.
“I accept that you are genuinely remorseful for your actions and that you understand the impact of your offending. It is clear that you are taking steps in custody to rehabilitate yourself.”