Open-ended sentence for repeat sex attacker

THE PRESS, Christchurch
Thursday, July 7, 2011 NEWS A7
■ HIGH COURT
David Clarkson
A judge has put an end to
Tony Shane Tonihi’s attacks
on women.
At a High Court sentencing
in Ashburton yesterday, Justice French imposed preventive detention on Tonihi, 42,
who will be released from
prison only if he poses no
more risk.
Tonihi was described in
court as having ‘‘cognitive
distortions and a sense of
entitlement to sex’’.
A psychological report prepared for his sentencing spoke
of his sadistic sexual interests. The report said: ‘‘He
appears to require an increasing level of violence to achieve
sexual gratification.’’
The judge also imposed a
non-parole term of 71⁄2 years
for Tonihi’s sexual violation
of a woman and intentionally
injuring her.
Defence counsel Rupert
Glover had argued for a finite
prison term instead of the
open-ended preventive detention, but the judge said: ‘‘I
would be failing in my duty to
the community were I to
impose a finite prison sentence.’’
Jailed: Tony Tonihi has been given
a preventive sentence for
violently attacking and raping
several women.
Tonihi was assessed as a
high or medium-high risk of
reoffending, and he committed his latest attack when he
had been out of prison only
six weeks on parole after
serving time for another sex
attack.
Tonihi attacked a 20-yearold woman walking alone
from work in Hereford St on a
Saturday night in November,
when he had been using
cannabis and drinking. He
stalked her for two blocks
from about Latimer Square.
He told a psychologist that
when he saw her he was ‘‘full
of hate and anger and thought
then of raping her’’.
He dragged her into a front
yard where he raped her, beat
her and choked her into
unconsciousness. When the
woman complained that he
was hurting her, Tonihi told
her that it was ‘‘supposed to
hurt’’. He threatened to kill
her if she screamed.
The attack was stopped by
a householder who heard the
noise. Tonihi ran off, but was
caught when he returned to
retrieve his belongings.
Glover said Tonihi was a
man of few words, but was
‘‘shattered by the harm he has
caused’’. He was a sexually
damaged man who had recently come to terms with the
recovered memory of a sex
attack when he was four.
He had begun drinking at
age three, in an abusive
household where beatings and
alcohol were the norm. He
had been sexually assaulted
by a friend of his father, and
had later stepped in to deflect
his father’s violence from his
mother on to himself.
Crown prosecutor Sally
Carter said it was extremely
serious offending. Tonihi had
not accessed any of the help
available to him after his
prison release.
The judge said Tonihi had
40 convictions, including several attacks on women and a
child. He had been convicted
for attacks on two prostitutes,
and one of these convictions
led to the sentence he had
finished weeks before the
latest attack.
He was binge-drinking at
15 and socialising at a gang
house where he witnessed
violence and saw women
denigrated and gang-raped.
She said the reports were
concerned about his rapid
return to offending after his
release, his inability to manage factors that contributed to
the offending, and his increasingly reckless attacks. This
led her to rule out a finite jail
term.
‘‘There is a real possibility
you might be released while
still a significant risk to the
community,’’ she said.
THE RE ’S N E VE R BE E N
A BET TE R TIM E TO
TR AVE L TO THE U SA
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Open-ended sentence
for repeat sex attacker
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