Event and Time
Event Description
Gregory Thwaites has pleaded guilty to four charges of indecent assault against two girls under the age of sixteen. At the time of the offences, he was between 26 and 30 years old, while the victims, Alicia Fox and Belinda Collins, were aged 11 to 14 and 12 to 13, respectively. The offences occurred in the late 1970s, with Thwaites using his position as a trusted family friend to perpetrate these assaults.
Application and Claims
- The prosecution submitted a Summary of Prosecution Opening for Plea, which was agreed upon as a statement of facts for sentencing.
- The charge details outline varying degrees of indecent assault, with specific actions taken against each victim.
- Thwaites' defense argued for a wholly suspended sentence based on his age, health, and rehabilitative attempts.
Judicial Decisions
- The judge acknowledged the severity of the offences but weighed the mitigating factors against the need for punishment.
- While a suspended sentence option was available due to the timing of the offence (before the 2013 amendment), the judge determined that a custodial sentence was appropriate but could be wholly suspended given the specific circumstances.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Claims:
- The prosecution contended that the nature of the offences warranted a significant custodial sentence to denounce the conduct and deter future similar behaviour. - The impact on the victims should carry substantial weight in the sentencing.
- Defense Arguments:
- The defense highlighted Thwaites' personal circumstances, arguing that he posed a low risk of reoffending due to his age, poor health, and attempts at rehabilitation. - They requested a wholly suspended sentence, suggesting it would be a more appropriate method for reforming the offender rather than immediate imprisonment.