Aaron Towle-Cotter, Adam Towle-McCully plead guilty to Tewantin burglary
A brave burglary victim was no “shrinking violet” when he discovered two Noosa Shire brothers in his home, attacking the pair before running them down with his car as they fled.
Police & Courts
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Two Cooroibah brothers have been confronted by a courageous homeowner who discovered the pair burglarising his Noosa Shire home, chasing them away before running them down with his car.
Adam James Towle-McCully, 29, and Aaron Ben Towle-Cotter, 22, ran in fear down a Tewantin street on July 11, 2022 after their 65-year-old victim pursued them from his home following their bizarre break in.
Maroochydore District Court heard on Monday that Towle-McCully told his younger brother Towle-Cotter their dead grandfather left him a home in Tewantin in his will, and asked if he’d like to check it out.
The younger brother agreed, even though he believed his brother was high on drugs.
Crown prosecutor Elle Bolam said the pair were taken to the Tewantin address by a driver and went inside. The 65-year-old man and his 64-year-old wife who actually lived at the property weren’t home at the time.
The court was told the older couple returned home with the husband walking in through the front door and found Towle-Cotter leaving the bedroom for the kitchen.
Towle-Cotter bizarrely asked the man why he was in their home. The victim then showed him his house keys.
Ms Bolam said Towle-Cotter rained down blows onto the 65-year-old man. The victim then grabbed the younger Cooroibah brother by the throat as the melee continued.
Towle-McCully broke up the tussle by kicking and punching the resident in the chest, breaking two ribs.
The court was told the struggle continued as the older resident picked up a piece of timber and tried to strike Towle-Cotter, who returned with a flurry of strikes which didn’t land.
Towle-McCully grabbed the resident’s wallet and other items before the pair both fled the scene.
Ms Bolam said the male victim drove down the street with his partner in their car and spotted the brothers as they ran to a driver waiting nearby.
The court heard the victim struck the pair with his vehicle causing them to fall to the ground. The pair weren’t injured.
The 22-year-old jumped up and tried to attack the driver once again through the driver’s window before he grabbed his piece of timber and hit the man’s car door.
Police tracked the brothers to their Cooroibah home after Towle-McCully left his bail documents at the scene of the failed burglary.
This bail undertaken was for an unrelated assault by Towle-McCully’s, where the 29-year-old assaulted a punter in the former Rolling Rock nightclub at Noosa Heads over a dispute about a phone. The court heard the victim suffered a throat injury from the attack.
The court heard Towle-McCully strangely tried to apply for a new driver’s licence in the victim’s name, which Judge Michael Byrne said was strange as he did not look like a 65-year-old man.
Defence barrister Lily Brisick, acting for Towle-Cotter, said the 22-year-old had a prejudicial childhood and was battling his own mental health struggles leading up to the failed burglary.
Ms Brisick said the younger brother only went into the bedroom to check the drawers to see if his brother actually lived there, and believed Towle-McCully may have owned the home since he got in the back door so easily.
She said Towle-Cotter did not bring any bags to steal items and was surprised when the victim came home.
Ms Brisick said since being charged Towle-Cotter made strong inroads into his mental health, achieved positive rehabilitation progress and was working.
Defence barrister Mark Dixon acting for Towle-McCully accepted the 29-year-old’s state of intoxication was the cause of him doing “multiple unreasonable things” during the bungled burglary.
Mr Dixon said his substance use was the driver of the Cooroibah brother’s offending but genuinely wanted to change his ways and stop using drugs. Both men wrote apology letters to the victim.
Judge Byrne said it was clear the 65-year-old victim was “no shrinking violet” but a man trying to protect his own home, where the brothers quickly found out he could “hold his own” against them.
Towle-Cotter pleaded guilty to burglary and stealing, assault in company and wilful damage, while Towle-McCully pleaded guilty to two counts of assault in company, burglary and stealing, common assault and attempted fraud.
The younger brother was sentenced to two years’ jail but given immediate parole.
The older brother, who appeared in custody, was sentenced to three years’ jail and will be released on parole on November 22.