Public nuisance jail term upheld

A MAN who committed a string of odd crimes including stealing $ 5 from a car and throwing a slice of bread at a person’s face has lost an appeal to reduce his jail term.

Curtis Farrell Cubby, 30, pleaded guilty in Townsville Magistrates Court in November to offences committed over a two- month period.

He was sentenced months jail.

On September 11, Cubby stole money from a car and was charged with unlawful entry of a car. Just over a week later, he was caught trespassing in a carpark with the apparent motive of breaking into a car. Cubby threw a chunk of cement at a car to deliberately smash a tail indicator.

He was charged with public nuisance on November 16, when he yelled an obscenity and threw a slice of bread at a person who refused to give him a cigarette.

Once, he refused to leave a TAB, threatened to smash a window and chased staff into an office.

Defence solicitor Zoe Navarro said the sentence did not take into account that Cubby had foetal alcohol syndrome.

She said he had pleaded guilty early.

Crown prosecutor Amanda Payne opposed the appeal, saying Cubby had ten prior convictions.

“The criminal history also shows persistent offending for much more serious offences, such as burglary, enter dwelling and enter premises,” she said.

Judge Leanne Clare said Cubby had been committing crimes since age 17.

“He appears breached every order,” she said.

“In his ( Magistrate Ross Mack) view, reoffending of the same kind, soon after release from custody, was almost inevitable.”

Judge Clare dismissed the application.

“Individually, his offences are not particularly serious. In combination, however they reflect an absence of personal regulation,” she said.

Cubby has already spent 79 days in custody ( as of Thursday) and will be released on parole in May. to six to have supervisory