Anthony William Cubby went four months without drugs or offending but lapsed and was returned to custody

The 34-year-old declared himself “institutionalised” having spent so much time in jail but this time he lasted four months without offending.

A 34-year-old Toowoomba man who has spent so much time in and out of jail that he has become “institutionalised” has been praised for staying out of trouble for four months.

Anthony William Cubby had remained free of meth, with which he had a long standing problem, and out of trouble since being released from prison in September 2023 after his latest jail stint, his solicitor Claire Graham, of Skuse Graham Lawyers, told Toowoomba Magistrates Court.

While that may not seem a long time to be straight for some people, for someone who was institutionalised with drug issues dating back to his teen years, that was significant, she said.

Anthony William Cubby has spent so much time in jail he now considered himself “institutionalised”, the Toowoomba court was told.

However, the father of six had relapsed family news that had caused him distress, Ms Graham said.

Police prosecutor Julia Wheaton told the court Cubby had been arrested and taken into custody on Tuesday, January 16, after he and a female were seen walking away from a car which crashed into a tree on Mort St about 6.40am.

Cubby was found by police in Mylne St where a search of nearby bushes found a 100ml of liquid believed to contain the illicit drug GHB (Gamma-hydroxybutyrate) and fingerprints found on the bottle had been matched to the 34-year-old, Sergeant Wheaton said.

Anthony William Cubby and a female walked away from this car after it crashed into a tree on Mort St, Toowoomba, about 6.40am, Tuesday, January 16, 2024, the court heard.

Cubby was also seen getting into the driver’s seat of a Commodore sedan on Hume St about 11.30am, January 13, by an off-duty police officer who recognised Cubby by his distinctive tattoos, she said.

Cubby had been disqualified from driving for two years by the same court on January 21, 2022, and the vehicle he was driving was found to have stolen number plates attached, Sgt Wheaton said.

Cubby appeared via video link from the watch house on Wednesday to plead guilty to driving while disqualified, receiving tainted property and possessing a dangerous drug above the schedule.

Ms Graham said Cubby was only days short of completing the driving disqualification period and he entered pleas of guilty at the first available opportunity having spent the night in custody.

Ms Graham said her client realised he needed supervision in the community.

Magistrate Louise Shephard noted Cubby’s “extremely lengthy criminal history” and sentenced him to six months in jail but ordered he be released immediately under the strict supervision of parole and disqualified him from holding or obtaining a driver’s licence for two years.