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escalating violence in our community
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Sensible Sentencing Trust
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Indecent assault of a Whangarei woman in April 2008
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none known
Born 1980
Corrections facility
Sentenced to six months in November 2009
Background
From the Northern Advocate 11th November 2009
Tongan rugby player Sipa Pea Moimoi came to New Zealand to ply his trade, but is now behind bars for indecently assaulting a woman.
The 29-year-old, who lives in Manukau, appeared for sentencing in the Whangarei District Court yesterday on a charge of indecently assaulting a woman at a Whangarei house on April 19, 2008.
He was acquitted on a charge of rape after a jury trial, but found guilty in August 2009 of indecent assault. Judge Duncan Harvey said Moimoi was invited as a guest to a party in Whangarei where the victim was also present. She intended to stay at the house overnight with her boyfriend and retired to bed early as she was not feeling well.
Moimoi went to her bedroom and she later woke up to find him having sex with her. He was told to leave, which he did and joined those drinking in another room. A short while later, he excused himself on the pretext of going to the toilet, but returned to her room and indecently assaulted her. She screamed and Moimoi ran naked from the room when her boyfriend arrived. Judge Harvey said the victim became hysterical and was taken to the Whangarei Police station.
When found by police at the house in a drunken state, Moimoi denied ever going to her bedroom. Judge Harvey said Moimoi later told his lawyer that her boyfriend had given him the okay to have sex with her. According to the victim impact statement, the victim had been a young, confident and successful woman but had given up her job after the incident, was struggling financially and emotionally and was suffering from depression.
Moimoi did not consent to home or community detention because such sentences would stop him training and playing rugby. The judge said community detention was not appropriate in this case. He jailed Moimoi for six months and ordered him to attend drug, alcohol and anger management counselling and treatment as directed after serving his sentence.