Road rage 'victims' jailed for violent retaliation

THE tables were turned on a Toowoomba road rage perpetrator when his "victims" chased and dealt out some rage of their own.

However, it were the three "victims" - Kevin Patrick Morrison, 24, Anthony William Cubby, 23, and his cousin Jordan Joseph Cubby, 22 - who copped terms of imprisonment when their retaliation was deemed to have gone too far.

Police prosecutor Sergeant Tony Costa told Toowoomba Magistrates Court the complainant man had been driving on Holberton St on the night of March 23 when he believed a car had pulled out of a residential drive-way, cutting him off.

As the cars continued on, the complainant had "tail-gated" and repeatedly flashed his headlights at the car in front which contained Morrison, his partner who was driving, and their two-year-old child.

When Morrison's car pulled in behind the car containing the Cubby cousins and others at traffic lights at the Bridge St intersection, the complainant man drove his car forward, ramming his bullbar into the rear of Morrison's car which jerked forward into the Cubby's car.

When he saw two men jump out of the cars and head toward him, the complainant reversed and drove off, followed by the two other vehicles.

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Eventually, the complainant pulled into the Caltex Service Station at the corner of Ruthven and James Sts and got out.

The two other cars pulled in behind him.

Sgt Costa said CCTV footage of incident showed Morrison initially punching the man in the face before landing another nine blows to his head and body.

Jordon Cubby had then punched the complainant five times and kicked him once.

A fourth unidentified man had joined in the assault before finally Anthony Cubby stepped in and delivered an uppercut to the man, knocking him to the ground, before kicking him once in the head.

All three pleaded guilty to a charge of assault occasioning bodily harm in company.

Sgt Costa said the complainant had sustained a bloody nose and facial injuries.

Police had charged the complainant man with one count of driving too close to the car in front of him and he had been fined, he said.

Solicitor David Burns, for all three defendants, told the court, fortunately, the complainant had only sustained relatively minor injuries and all three of his clients accepted their actions were excessive.

Mr Burns said his clients realised they should have let police deal with the complainant driver who, he submitted, "wasn't an innocent bystander".

Morrison had lost his temper when the complainant rear-ended his car because his two-year-old son was in the back seat, he said.

The court heard Jordan Cubby had no previous history of violence while Anthony Cubby and Morrison had previous convictions for assault occasioning bodily harm.

Magistrate Kay Ryan said it was concerning that the incident, far from being instantaneous, involved the group chasing after the complainant.

The trio were lucky the complainant hadn't sustained more serious injuries leaving them facing far more serious charges, she said.

Ms Ryan sentenced Jordan Cubby to eight months jail but ordered he be released on immediate parole.

Anthony Cubby was sentenced to 15 months jail but to be released on parole as of March 11, next year.

Morrison was sentenced to 21 months jail, to be released on parole on May 11, next year.


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