A young man involved in a violent shopping mall -robbery, which resulted in an elderly man’s death, has been convicted after his killing tax was dropped.

Robert William Brown, 75, died in the hospital days after he was pushed to the ground outside the busy Grand Central Shopping Center and got his backpack stolen in Toowoomba, west of Brisbane, February 6, 2023.

Isaac Zane Cubby, 20At Was originally indicted for killing and several other offenses following the violent crime caused by indignation.

During his penalty on Thursday, the Toowoomba court was told that the crown would not continue with the murder against Cubby.

Instead, the Dalby man pleaded guilty to a counting each of robbery in the company of violence, burglary and stealing and illegally using a vehicle to facilitate an accused offense.

A co-appeal that cannot be named has already been sentenced to seven years in prison for the killing of Mr Brown.

‘Snatch and Grab’

The court was told that Cubby had stolen a car from Dalby on February 4, 2023, two days before Mr Brown was robbed in Toowoomba.

Cubby drove the stolen car when he and his two young co-law offenders who have since been convicted of their commitment to the robbery discovered Mr Brown at the taxi.

The court was told that the trio targeted Mr Brown to take his backpack in a “snatch and grab” scenario.

Cubby’s role was to drive around until his co-law overdriver had his backpack and then driving off with the stolen items.

Crown prosecutor Hamish McIntyre said there was a predator element for the insulting, but in the end Cubby was not responsible for Mr Brown’s death.

“This is something that had a tragic result, a very strong lesson or reason why general deterrence and protection of society is so important in preventing robberies of this kind from occurring because there is always the risk of something tragic,” he said.

Defense Attorney Stephen Kissick told the court, while Mr Brown’s death was tragic, his client’s role in the robbery was to be recognized in penalties.

Mr. Kissick said Cubby intended to find a job that was once released in the community.

“He is a very young man, he has not yet begun a working life, but he instructs myself and instructs a lawyer that he is eager to work,” he said.

Cubby also pleaded guilty to 14 other separate charges, including stealing gasoline from a service station, attempted burglary and trying to steal.

Co-accused teacher fate

Judge Dennis Lynch convicted Cubby for three years in prison, but declared the 808 days he had spent in custody before sentence as time earned.

He ordered Cubby released immediately and earns nine months on triallessness.

“This is your opportunity to demonstrate that you really want to change the way you live,” Judge Lynch said.

“You are old enough to understand all this now. Your future is now in your hands.”

Cubby – who was 18 years old at the time of the robbery – was the final of three teenagers who were indicted in relation to Mr Brown’s death.

In May 2024, a 19-year-old who cannot be named because he was a young person at the time of the attack, sentenced to seven years in prison for murder and robbery.

Another boy who was 16 years old at the time of the attack has since been released from custody with a reprimand.