Year in jail is enough
A 31-YEAR-OLD man found by police carrying a shortened shotgun and ammunition on a Toowoomba street will serve out the mandatory 12 months imprisonment.
Anthony William Cubby had been stopped by a police patrol as he walked on Pechey St in Toowoomba City carrying a bag on March 11 last year, Toowoomba Magistrates Court heard.
When he spotted police he had run off but was soon caught after a short foot chase, police prosecutor Sergeant Natalie Bugden told the court.
Asked what was in the bag, Cubby said he had a weapon and ammunition, and police who searched the bag found the shortened shotgun, a Category H weapon, ammunition for the shotgun as well as some .22 calibre bullets, the court heard.
Cubby was taken into custody where he remained on Friday when he appeared by video link to plead guilty to unlawfully possessing a shortened firearm in a public place, possessing ammunition, possessing methamphetamine and obstructing police arising from that incident as well as to a series of other unrelated matters.
Those other charges included three separate counts of driving while disqualified in Toowoomba, unlawfully using a motor vehicle, possessing cannabis, failing to appear in court and a number of counts of breaching bail.
His solicitor Claire Graham, of Skuse Graham Lawyers, told the court Cubby had struggled with drug use since the death of his father when her client was just 17.
Her client had already done 316 days in pre-sentence custody and it was conceded a term of imprisonment was appropriate, she said.
Due to Covid restrictions in the prisons, it had been difficult for Cubby to engage in programs while in custody, but he had completed the “Straight Talk” program and had done some Aboriginal art which was found to be quite good, Ms Graham said.
Magistrate Graham Lee said Cubby had a “terrible criminal history” which stretched to 10 pages.
However, taking all matters into account, Mr Lee sentenced Cubby to a total 18 months in jail but, declaring the 316 days of pre-sentence custody as time served, ordered he be released on parole as of March 10 when the 12 months mandatory imprisonment for the shortened firearm offence was due to expire.
Cubby was disqualified by the magistrate from driving for two years on each of the three disqualified driving offences.