‘Shoot him!’: Men jailed over Dalby carjacking shooting

A court has heard the terrifying moment armed robbers pointed a sawn-off rifle against the chin of a tradesman, who they then shot in the scrotum while stealing his vehicle.

Edward Charles Cubby and Jeffrey Alexander Ward-Sinclair have been jailed over the shooting of a 23-year-old man who was shot in the groin at Dalby on May 11, 2023, during a car robbery. Pictures: File and social media

Two regional Queensland men have been jailed after shooting an innocent bystander in the groin while stealing his vehicle, which they then used in a dangerous high-speed police chase from Dalby to Toowoomba.

The 23-year-old tradesman was unloading his Ute at a worksite while parked in a suburban Dalby street on May 11, 2023, when he noticed two offenders running towards his car.

Toowoomba District Court heard Dean Edward Charles Cubby, 35, and Jeffrey Alexander Ward-Sinclair, 32, had just run from a nearby address after police noticed a stolen car parked in a driveway.

Both men were armed with illegal firearms.

Crown Prosecutor Nicole Friedewald said Cubby removed a sawn-off .22 bolt-action rifle from underneath his hooded jumper.

Shots fired on suburban street, sparks hours long police chase

Cubby rested the gun underneath the young man’s chin and demanded car keys, but the electrician resisted.

“While the gun was positioned underneath his chin he heard the gun click at one stage and became afraid that Cubby had in fact pulled the trigger,” Ms Friedewald said.

Dean Edward Charles Cubby. Picture Supplied

Cubby then said “shoot him, shoot him” to Ward-Sinclair, who removed a second sawn-off .22 calibre rifle from the backpack he was carrying

Ward-Sinclair, who was standing about three metres away, fired the rifle at the man’s groin.

As the man called for help, the pair drove off in the Ute.

Cubby was later clocked driving between 120km and 140km/hr through Toowoomba streets, including school zones.

Despite the car’s tires being spiked during the dangerous pursuit, Cubby did not stop the car until he collided with a motorcyclist at the corner of West Street and O’Quinn Street about two hours after the shooting.

The motorcyclist was not seriously injured.

Shooting victim’s life changed forever

Police immediately closed in on the stolen car and chased down Cubby, who attempted to flee.

Sinclair dropped to the ground by the side of the vehicle, where he was arrested.

The only firearm retrieved from the car was the .22 rifle used in the shooting.

Jeffrey Alexander Ward-Sinclair

Ms Friedewald said the tradesman received life-threatening injuries to his scrotum and right thigh, which required surgery and a partial removal of his left testicle.

“One projectile fragment was able to be removed (from his thigh) but further pieces… could not be removed and they in fact remain,” she said.

“This offending has had a significant impact on all aspects of his life.

“He also fears the ongoing consequence… the injury to his genitalia and whether that will have an impact on his fertility later in life.

“He describes that leg (with shrapnel) can give way at any time un-expectantly as he is walking or climbing ladders as part of his job.”

“He (said he) will never be the same... that this offending will affect him for the rest of his life.”

The ute, after the men were arrested at the corner of West Street and O'Quinn Street.

Both crims had lengthy criminal history  

Both men, who were originally charged with attempted murder, have been in custody since their arrest.

Barrister Frank Martin told the court Cubby ran from police as he knew a warrant was issued for his arrest, which occurred because he breached parole while in hospital with a gastro-like sickness.

Before the incident, Mr Martin said Cubby had been trying to do the right thing and seek help for his meth addiction, until he was breached by the parole board.

Were the car came to a stop at the corner of West Street and O'Quinn Street, about 10am, May 11, 2023.

He noted said the spur-of-the-moment robbery only turned violent after the victim resisted, and said Cubby’s gun was not loaded.

As a result of the arrest, Mr Martin said Cubby sustained a number of injures including fractures to his ribs and shoulder which he still can’t raise.

He conceded although Cubby did not shoot the man, his criminal liability was equal to Sinclair’s.

Barrister Scott Lynch, who represented Ward-Sinclair, told the court despite his client’s lengthy criminal history, it did not involve any acts of violence.

Mr Lynch said Ward-Sinclair had a traumatic childhood and had previously been diagnosed with a schizo-affective disorder.

Judgement

Judge Dennis Lynch KC found both men were equally culpable for the shooting and sentenced both Cubby and Ward-Sinclair to eight years behind bars.

Judge Lynch declared the offending a serious violent offence, which will require the men complete 80 per cent of their sentence.

He said delaying their release back into the community was to protect the community.

Both of the men’s licences were disqualified indefinitely.

Western Downs detectives investigate after a tradesman was shot by car thieves in Dalby.

At Toowoomba District Court on Thursday, June 20, Cubby and Sinclair pleaded guilty to armed robbery in company with personal violence, malicious act with intent, unlawful use of a car while armed in company with property damage, and the unlawful possession of a firearm.

Cubby also pleaded guilty to the dangerous operation of a vehicle as an aggravated offence and possessing a glass drug pipe.

Sinclair also pleaded guilty to unlawful use of a vehicle, dangerous operation of a vehicle as an aggravated offence and evading police.

Originally published as ‘Shoot him!’: Men jailed over Dalby carjacking shooting