The home was destroyed in the rampage. Photo / Victorian County Court
Two Queensland brothers who hired an excavator to bulldoze a house they part-owned in a bitter plan to ensure their sister "didn't get a cent" when it sold have been sentenced in a Melbourne court.
Malcolm and Garry Taylor travelled from the Sunshine State to Murtoa, 305km northwest of the Victorian capital in March of 2019, the day before the property was due to be auctioned.
They had caught wind of the upcoming sale of their late mother's home and booked an excavator in the regional Victorian town of Horsham before carrying out their attack on the home.
"I bet it doesn't look like that at 12 noon on Friday," Malcolm, 57, texted Garry, 59.
The brothers removed the stove and told a neighbour he could "do whatever you like with it". They filmed themselves demolishing the eastern wall of the home and rolling a water tank down Murtoa's busiest streets before sending a text message to their sister Kerry – the executor of the estate – that read "Renovations have begun".
The house was expected to fetch $99,000 but sold after the damage was carried out for $7500.
The Victorian County Court on Friday heard the feud around the siblings' late parents' estate, which had been ongoing for several years, was sparked by a debate over when the men's children would get trust payments in the amount of $10,000.
Their differences could not be settled in court after Kerry was named executor of her late mother's will so the brothers took matters into their own hands.
In court, defence lawyer Mike Anderson said the brothers had been punished by media coverage which had "reached worldwide" audiences with reports on their behaviour in "Spain, South Africa, New Zealand and the United Kingdom".
The brothers avoided jail time but were each fined $10,000 for charges of theft and criminal damage. Had they not entered guilty pleas they would have been jailed for eight months.
Malcolm Taylor received an additional $1000 fine for breaching bail.
'The world is laughing at you'
Judge Michael Cahill told the brothers their offending was "planned and calculated" and a "senseless rampage that has drawn national and international press coverage".
"You were laughing while you destroyed your sister's property. Now the world is laughing at you for your stupidity," Judge Cahill said.
The dispute over the family home began on December 21, 2013, when the siblings' mother died. She left a will which handed the estate to Kerry, Malcolm and Garry in equal shares.
Kerry was appointed executor of the will and the brothers challenged her appointment but lost.
In December, 2017, Kerry engaged a Horsham real estate agent to sell the home for an asking price of $124,000.
The home was sold for $99,000 but the purchaser withdrew because of water intrusion.
In 2018, Malcolm told the property's real estate agent that his sister "wasn't going to get a cent".
The house was listed for auction again in 2019 before the brothers carried out their attack.
After travelling from Queensland they spray-painted the walls in two bedrooms, removed the stove and rolled the rainwater tank down the road.
They filmed each other over a period of 30 minutes wrecking parts of the house with an excavator.
Police were called but Garry told an officer: "We had to make sure the renovations were right before tomorrow."
He said he wanted to make sure the house fetched "top dollar before the sale".
The brothers attended the football at the MCG later that night where they posted photographs of themselves on social media accompanied by the caption "Beers at the footy after a hard day's renovating".
They booked into a hotel near Melbourne's Tullamarine airport but were arrested at the hotel where Malcolm was found to be carrying a zip lock bag with cannabis.
The brothers appeared via video link on Friday and remained emotionless as they were sentenced.
Prior to sentencing, their lawyer said Malcolm should not be punished because he suffered from mental impairment as a result of a stroke.
The court heard his wife had to carry out most of the family responsibilities and Malcolm often gets angry and emotional.
The offences they were charged with carry maximum jail terms of 10 years.