Brett Gavin Brian Penny: Man accused of 2011 Balga home intrusion attempted murder acquitted by Perth jury

A 62-year-old man accused of attempting to murder a woman in a Balga home invasion almost 15 years ago has been acquitted by a jury, despite prosecutors alleging DNA put him at the scene. Hannah Davies testified at the WA Supreme Court trial of Brett Gavin Brian Penny last week that when she was aged 25, a man came through an unlocked sliding door and attacked her on the couch on the night of May 6, 2011. Ms Davies said he straddled her and struck her head with a plank of wood at least three times, saying “die” with each blow in a “quiet” but “angry” tone. The owner of the property, Robert Harwood, came to Ms Davies’ aid - pulling the intruder off her and pushing him out. She was taken to hospital where she required seven stitches to her temple. No arrests were made at the time, but the case was reopened in 2023 and Penny was charged the following year, with advances in forensic testing credited as having identified him as a suspect. The accusation centred on DNA samples taken from wood, from the victim’s left palm and two on Mr Harwood’s shirt. But Penny was acquitted this week, after a seven-day trial.