A 52-year-old man accused of aggravated burglary and aggravated armed robbery was involved in the planning of the crime, his niece told the Supreme Court in Launceston.
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Kylie Herlihy gave evidence in the trial of her uncle Wayne Keith Herlihy, of Mayfield, who has pleaded not guilty to the robbery of the home of elderly man, Ronald Peck, in Heather Street, South Launceston, on May 25, 2019.
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Crown prosecutor Jody Dennison outlined the case against Mr Herlihy who drove Kylie Herlihy and Harley Sturzaker to Heather Street and was a lookout while it occurred.
Mr Dennison said Mr Herlihy was criminally responsible because he either aided the crime or because he was part of a common purpose. Defence counsel Todd Kovacic said the issue at the trial was whether Mr Herlihy knew what was going to happen.
The jury heard of a series of events leading up to the aggravated armed robbery.
Mr Dennison said that Mr Herlihy had pleaded guilty to stealing from Mr Peck in July 2018. The theft came when Mr Herlihy organised to attend his home to do some carpet cleaning.
Kylie Herlihy was living with Mr Herlihy nearly a year later in May 2019.
Kylie Herlihy said that three days before the robbery there had been a discussion at the breakfast table in which Mr Herlihy said that he believed Mr Peck had money in his house.
She said that Mr Herlihy had taken several people on a drive. "My uncle pointed it [the house] out to us," she said. Kylie Herlihy said no plan was hatched on the drive.
However, about 1pm on May 25, 2019, Kylie Herlihy and Harley Sturzaker committed an aggravated burglary and stealing from Mr Peck's home. No money was found but prescription drugs were taken.
Mr Herlihy was not criminally responsible for that crime, Mr Dennison said.
Ms Herlihy told the jury that she later pleaded guilty in the Supreme Court to the 1pm robbery.
"I got four years and three months for it," she told Mr Kovacic.
Ms Herlihy said that after the robbery she and Mr Sturzaker had caught a bus back to Mayfield.
She said that about 9pm that evening Mr Herlihy was involved in a discussion about another robbery attempt.
"I suggest there was never any discussion about having another crack at it," Mr Kovacic said.
"Yes there was, he knew exactly what we were doing," Ms Herlihy said.
"I didn't know about the old man until he told me."
She said Mr Herlihy sat in the car while the second robbery occurred.
The jury heard that a man had entered the car with something wrapped in cloth.
Mr Kovacic suggested: "You are serving time and you blame him."
"No, it's not true," she said.
She said she had initially lied to police about her involvement because she was high on drugs at the time.
"The next day you told police Mr Herlihy was involved as well. Were you lying when you said that?" Mr Kovacic asked.
"No because he was involved," she said.
In his opening, Mr Dennison said Herlihy wore a hoodie and Sturzaker a balaclava at the 9pm robbery.
He said they forced their way in the back door and while Sturzaker confronted the elderly man Kylie Herlihy looked through the rest of the house.
Sturzaker struck the elderly man with the weapon and they left with two wallets containing $400.
They went to the car where Wayne Herlihy was waiting and they drove off.
The trial continues.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
