Murder charge dropped: Isaac Zane Cubby sentenced over involvement in Robert Brown’s death

A young man accused of murdering elderly Toowoomba man Robert Brown has been released from jail after the charge was dropped.

More than two years after an elderly Toowoomba man was pushed to his death, all of the teenagers responsible for the brazen daytime robbery have been sentenced for their crimes.

Robert Brown, 75, was waiting at a taxi rank when he was targeted by a group of opportunistic teenagers exiting Grand Central Shopping Centre in a stolen car on February 6, 2023.

The well-known photographer was pushed from behind by a 17-year-old, who stole his bag, as Mr Brown fatally hit his head on the roadway.

There was nothing of value in Mr Brown’s backpack, however inside was a small blue camera and a recently purchased Valentine’s Day card.

Photographer Robert Brown was waiting at a taxi rank at Grand Central Shopping Centre on April 6, 2023, when he killed for his bag. Picture: Nev Madsen.

Cubby was the last of the trio to be sentenced, which occurred before the Toowoomba District Court on Thursday, April 24, after his murder charge was dropped by the Crown in 2025.

The young man pleaded guilty to robbery in company with personal violence, and breaking into a Dalby home and stealing the car used during the crime.

Cubby also pleaded guilty to a raft of unrelated charges which included dangerous operation of a car during a police chase in a stolen car, four counts of stealing related to fuel drive-offs, five attempted break-ins, and burglary.

The court was told all parties agreed Cubby spent too much time in custody on the charges, having spent 808 days in custody on remand.

Judge Dennis Lynch sentenced Cubby to a three-year jail term, declared time served, and released him on a nine-month probation order.

The third juvenile, a 16-year-old boy who remained in the stolen vehicle with Cubby when Mr Brown was pushed, was released from jail after serving 499 days in detention in June 2024 after pleading guilty to the unlawful use of a car to commit a serious crime.

The boy was formally reprimanded by Judge Lynch, and no conviction was recorded.

The now 19-year-old who pushed Mr Brown is serving time in an adult prison, and will be released in a year or so after serving 50 per cent of his jail term.

The crime scene minutes after Mr Brown was pushed while waiting for a taxi at Grand Central Shopping Center about 5pm on February 2023. Picture: Peta McEachern

Details on Cubby’s sentence

In a submission not often seen before the courts, the Crown submitted a lower penalty than Cubby’s defence team who said the 20-year-old would benefit from supervision upon his imminent release.

Crown prosecutor Hamish McIntyre submitted that the time Cubby spent on remand was quite significant, and stated it was a result of the discontinued murder charge, however noted the robbery charge still had a maximum penalty of life.

“There’s obviously a significant feature in the case in that the ultimate outcome to the victim was that they died, (Cubby) himself is not liable for the death of course,” he said.

“And I don’t submit that the fact that that offence was committed by the co-offender that the manslaughter inherently aggravates the offence of itself but of course it can’t be devoiced from the overall facts of the case.”

Mr McIntyre said Mr Brown’s death, which had a predatory element to it, undoubtedly had a significant effect on the community, as well as his loved ones.

“That said it needs to be tempered in terms that this is a very young man,” he said.

“In terms of his involvement… the plan only extended so far as choosing the victim and intending a bag-snatch to occur.

“It is accepted that the death that ultimately was what occurred went well beyond the scope of the violence that he had signed on for.”

Flowers started appearing on Tuesday at the spot of Mr Brown’s alleged assault on Margaret St outside Grand Central Shopping Centre on February 6. Picture: Kevin Farmer

Mr McIntyre submitted a sentence of a three to five year jail term with immediate release would be adequate, and said if Cubby was subject to a community based order he may be at risk of serving more time in jail if he were to commit another offence.

However, he said he did not disagree with defence barrister Stephen Kissick’s submission that Cubby be released on parole.

Mr Kissick, instructed by Legal Aid Queensland, said upon his release Cubby would reside with family on the Western Downs, where he was eager to find work.

Judge Lynch reiterated Cubby was not liable for Mr Brown’s death, however he was involved in the crimes surrounding the tragic incident.

“You in fact drove past where Mr Brown was, at that point he was... motionless on the ground,” he said.

“The Crown in the end has accepted that even though you were initially charged with Mr Brown’s murder, that you could not be held criminally liable for causing the death.”

Judge Lynch told Cubby the parole order was to help him with his goals, support him, and help him integrate back into the community.

He told the young man, who had an extremely disadvantaged upbringing, that his future was in his hands, and no one wanted to see him return to the justice system.

“This is your opportunity to demonstrate that you really do want to change the way you’re living,” he said.

“There’s no reason why you can’t have a happy future. I wish you luck”.

Originally published as Murder charge dropped: Isaac Zane Cubby sentenced over involvement in Robert Brown’s death