Police to consider dropping Cubby murder charge in Robert Brown case

As two teenagers plead guilty to their involvement in the robbery and death of Toowoomba man Robert Brown, the remaining alleged offender has made a bid to have his murder charge downgraded.

Toowoomba youth crime victim Robert Brown. Picture: Nev Madsen.

The Office of the Director of Public Prosecutions will meet to discuss whether or not they will agree to downgrade a murder charge levelled against a young man accused of playing a role in the fatal robbery of a Toowoomba man.

Robert Brown was waiting for a taxi at Grand Central Shopping Centre in February 2023, when he was pushed from behind and fatally struck his head before a trio fled with his bag in a stolen car.

Isaac Zane Cubby, the alleged driver of the stolen car, has not been required to enter any plea to his charges.

The 19-year-old is one of three young men accused of robbing and causing the death of the 75-year-old, however his teenage co-offenders have already been dealt with by the courts.

When his case was brought before the Toowoomba Magistrates Court in late June, Mr Cubby’s solicitor Phil Stainton said a submission had been made to downgrade the murder charge to manslaughter.

Photographer Robert Brown. Picture: Nev Madsen.

“A submission was sent to prosecutions from council, Mr (Barrister Stephen) Kissick, with respect to the most serious charge being amended to be in line with respect to a co-accused,” he said.

“We’ve received a response … which was more of a question. We’ve responded back to that, but there has been no final outcome.”

The court heard Toowoomba police prosecution was waiting for formal advice from the Director of Public Prosecutions officer.

Following the DPP conference, a response will be provided to Cubby’s legal team.

The Crown was given three weeks to finalise its position, and the case was adjourned to July 17 for a committal mention.

The Chronicle encouraged residents to leave flowers to honour Robert Brown who died days after as result of injuries on Tuesday, February 14, 2023. Picture: Kevin Farmer

In May 2024, the 18-year-old who pushed Mr Brown was sentenced to seven years in jail after he pleaded guilty to manslaughter, robbery with violence, and using a stolen car to commit a crime.

Before the teen enacted the “snatch and grab,” CCTV showed him anxiously pacing behind an unaware Mr Brown for minutes and often looking back at his co-offenders.

He will be eligible for parole in July 2026.

The youngest offender, who was 16 at the time and sitting in the back seat of the car during the fatal robbery, was released from jail on June 21, 2024, after serving 499 days in detention.

The boy pleaded guilty to the unlawful use of a motor vehicle to commit an indictable offence and was formally reprimanded.

While in the community, he will be subject to a two-year probation order which was imposed for unrelated crimes.

The crime scene after Toowoomba man Robert Brown was pushed and killed while waiting for a taxi at Grand Central Shopping Center in February 2023. Picture: Peta McEachern

Mr Cubby has been remanded in police custody since his arrest in February 2023.

As of June 2024, Mr Cubby had 25 charges before the court which related to the Robert Brown robbery and other alleged offences.

His charges include murder, two violent robbery charges, grievous bodily harm, threatening to fire a gun, the dangerous operation of a car, six break-and-enters, six attempted break-and-enters, using a stolen car to commit a crime, wilful damage, and stealing.