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escalating violence in our community
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Sensible Sentencing Trust
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Rape, sexual violation, and grievous bodily harm of a Christchurch woman in November 2010
Assault and sexual violation of a Christchurch woman in June 2005
Numerous previous convictions for violence including some against women
.
.
none known
Born 1969
Prison
Sentenced to 5 years 3 months in December 2005
Released September 2010
Sentenced to preventive detention with a 7 year 6 month non-parole period in July 2011
Background
NZ Herald story here
Christchurch Court News story here
From the Press (Christchurch) 22/12/2005
The client of a Christchurch street prostitute who bashed her and made the woman perform oral sex after a dispute over payment is behind bars for five years.
Tony Shane Tonihi, 36, who admitted a charge of sexual violation by unlawful sexual connection, was jailed for five years and three months by Christchurch District Court Judge Murray Abbott yesterday. The judge said Tonihi approached the victim, a young street prostitute, on June 20 in Manchester Street . An agreement was made for oral sex for $80, and Tonihi drove her to a parking area behind a building. There was a dispute over payment, and after Tonihi said he had no money, she got out of the car. She was dragged back by the hair and clothing, punched twice in the head, and performed oral sex under duress, fearing for her safety.
Police were called after her screams were overheard, and she managed to dial 111 on a cellphone. She suffered multiple bruises, financial loss and emotional trauma, the judge said. "Violence against street prostitutes and sexual violence is becoming common in this city, as other recent events sadly confirm," he said. Street prostitutes were at risk of this type of offending simply because of the conduct of men like Tonihi. "If male clients of street prostitutes always behaved appropriately in their dealings with prostitutes, there would be no problem for them," the judge said.
"You forced the victim to perform oral sex in an unprotected situation and you were able to do that because you kept her in your car against her will and you used violence against her," he said. Tonihi had a series of convictions for violence, especially against women. A probation report singled his record out as one of concern, and that Tonihi tended to minimise the latest offending by protesting his innocence.
A clear message had to be sent to the community and clients of prostitutes that violence against them would not be condoned, the judge said. Counsel Leuatea Iosefa said the victim conducted her operation in a way fraught with danger. Tonihi's guilty plea came relatively late, but it prevented the victim having to go through the ordeal of a trial. It appeared she had not suffered permanent injuries. Their agreement broke down when payment was not offered as it should have been, Iosefa said.
Prosecutor Craig Ruane questioned whether Tonihi was remorseful, and he had given varying explanations about payment. That the victim was a prostitute was not a mitigating factor, and it was lucky police quickly arrived on the scene.The judge said he would not set a minimum term, leaving the question of release to the Parole Board.