Thomas Smalley, a 61-year-old mobility scooter user from Chilton in County Durham, was sentenced at Durham Crown Court on 29 January 2024 for breaching a lifelong Sexual Harm Prevention Order (SHPO) by approaching two females and engaging in sexual communication with a child.
The incidents occurred in Ferryhill last year, within a few hours of each other. Earlier in the day, Smalley approached a young woman in her early 20s who was sitting alone on a bench awaiting a bus. Riding his mobility scooter while holding and swigging from a can of strong lager, he complimented her by calling her 'beautiful'. When she remarked that he was old enough to be her grandfather, he responded with lewd comments about what they could do together, prompting her to exclaim, 'Oh my God!'
Two hours later, Smalley passed by a bus stop where a 14-year-old girl was waiting with her 13-year-old friend. Playing music on his scooter, he told the 14-year-old she was 'gorgeous' and, despite claiming 'I’m not being creepy', made various sexually explicit suggestions. The girl responded by saying she was only young and questioning why he would suggest such things. Smalley then asked if he could join her on her way home, using threatening and insulting words likely to cause distress.
Smalley was arrested later that evening and interviewed the following day. Although he initially denied the allegations during police questioning, he pleaded guilty to breaching the SHPO, sexual communication with a child, and using threatening and insulting behaviour at a magistrates' court appearance, which committed the case to Durham Crown Court for sentencing.
The court heard impact statements from both victims. The younger girl described being unable to leave her home for a fortnight, missing school due to fear of encountering Smalley again, and now relying on lifts to and from school with a tracker-enabled phone for safety. The older victim felt violated by the incident, expressing worry about potential escalation and ongoing stress and panic when waiting alone for buses; she has since adopted a code word system for alerting her boyfriend in similar situations.
Prosecutor Charlie Thompson highlighted Smalley's criminal history, including a rape conviction in the 1980s for which he served six years, a sexual assault on a 10-year-old girl resulting in imprisonment and the imposition of the lifelong SHPO along with sex offender registration, and two prior SHPO breaches in 2021. Defence representative Dr Chris Wood acknowledged that the custody threshold had been met, noting Smalley's prompt guilty pleas and that his mobility issues would make prison more challenging.
Judge Nathan Adams described the first incident as 'understandably scary' for the young woman and the second as 'terrifying' for the 13-year-old, characterising the behaviour as a 'pattern of disturbing offending' and a 'most serious breach' of the SHPO. He imposed a 30-month custodial sentence, stating that the lifetime orders would remain in place and further breaches would lead to progressively longer sentences. The judge declined a prosecution request for restraining orders, deeming the existing SHPO and registration sufficient constraints.
The case was reported by The Northern Echo, with coverage by crime and court reporter Bruce Unwin.