Rockhampton boxer Greg Toby found guilty of sexual assault

A man who fought in Australian boxing titles as a teenager has been found guilty by a jury of sexually assaulting a sleeping woman at a party in 2020.

Greg Toby (left) on his way to the gold medal in the 78kg division.

A man who fought in Australian boxing titles as a teenager has been found guilty by a jury of sexually assaulting a sleeping woman at a party in 2020.

Gregory Tazan Toby, now 22, pleaded not guilty to one count of rape and an alternative charge of sexual assault on Monday in Rockhampton District Court.

After a two-day trial, the jury found him not guilty of rape, but guilty of sexual assault.

Crown prosecutor Monique Bros-Wilshire said the victim and defendant were at a party in Frenchville in November in 2020.

She said the woman had gone to sleep in the room alone and she woke up to Toby on top of her, kissing her neck and touching her genitalia.

“It was opportunistic offending,” Ms Bros-Wilshire said.

Judge Ian Dearden said the victim told Toby ‘no’ and pushed him off her.

He said Toby responded by saying “shush”.

Judge Dearden said the victim immediately reported the assault to her friend and then police.

Rockhampton boxer Greg Toby found guilty of sexual assault.

He said body worn footage played during the trial showed the victim “deeply distressed”.

“Even though this occurred four years ago, it is clear she is still deeply distressed by what has occurred,” Judge Dearden said.

He said there were delays in the matter going to trial due to an 18-month wait on the DNA results from evidence where Toby’s DNA was found on the victim’s neck and forehead.

The court heard another delay was due to a translator’s availability.

Ms Bros-Wilshire said Toby had shown no remorse.

“As human beings we are all entitled to being treated with respect,” Judge Dearden said.

“When you sexually assault a drunken woman you are treating her with no respect.

“Women are entitled to feel safe even if they are intoxicated, particularly while they are asleep because no one should do this to a sleeping woman.”

Defence barrister Sheridan Shaw said since this incident, Toby had started a relationship which had produced two children aged two and three, and they live in the Torres Strait Islands.

She said Toby’s family reside in Rockhampton, with his mother, father and aunt in court in support.

Ms Shaw said Toby he completed Year 12 here.

Toby was one of four Rockhampton boxers to fight at the Australian Amateur Boxing Titles in Sydney in 2015.

Ms Shaw said he had limited work experience on a banana farm and had commenced a railway course which would allow him to work laying rail lines once he completes the final five courses.

She said his plans for the future were to provide for his family and assist his partner in the care of his children.

Judge Dearden sentenced Toby to 15 months prison, wholly suspended with a two-year operational period.

Originally published as Rockhampton boxer Greg Toby found guilty of sexual assault