escalating violence in our community Become a member of the Sensible Sentencing Trust

Mouseover links for full page descriptions

Offender Databases Paki Toia

Paki Toia

Alias

.

Offences

Kidnapping, rape, unlawful sexual connection and assault of two Northland teenagers in January 2004
He has 85 previous convictions including rape in 1982, robbery and aggravated robbery

Victims

.

Offender Affiliations

.

Gang affiliations

none known

Age

Born 1959

Current Location

Corrections facility

Parole/Release Dates

Sentenced to preventive detention - but with only a 7 year minimum term - in August 2006
Unsuccessfully appealed this sentence in August 2007
Due to be considered for parole August 2013

Background
From NZ Lawyer 11th August 2006
A 47-year-old Northland man described as a "psychopath" issued a challenge after he was jailed indefinitely yesterday on sex crimes. "Go for 20 years, I can handle 20 easy," Paki Toia told Justice Hugh Williams, after his minimum parole period was set at seven years. Toia was sentenced in the High Court at Whangarei after having earlier been found guilty on charges of assault, rape, unlawful sexual connection and kidnapping. The charges arose from an incident on New Year's Day 2004 when police say Toia assaulted two teenage girls then kidnapped, sexually violated and raped one of them. He had been at a social gathering before the attacks took place and concerned bystanders phoned police who had arrived at Toia's address as the rape was occurring.

Crown prosecutor Mike Smith sought a sentence of preventive detention on the grounds that a finite sentence would not adequately protect society. Toia, representing himself, refused to recognise the court's authority over him as a "sovereign man" and "sovereign political power-holder", citing the Maori version of the Treaty of Waitangi. He also made applications for a judicial review and a stay of sentence on the grounds there had been an abuse of process. Justice Williams rejected his applications and said a sentence of preventive detention was the only option given the nature of Toia's crimes, his lack of insight into the offending, his previous convictions and the high risk of his sexually offending in the future.

Toia had maintained he had done nothing wrong to his rape victim and that if his request to be tried on a marae had been successful he would have been acquitted, Justice Williams said. Toia saw no need to take any form of rehabilitative or reformative treatment in the future, said Justice Williams. Toia had 85 previous convictions, including a 1982 conviction for rape, two convictions for robbery and one for aggravated robbery. Justice Williams said a psychological report prepared for the court described Toia as a "prototypical psychopath" having grandiose sense of himself. The report said there was a significant chance Toia would re-offend.

Toia, who had refused to be interviewed for the report, rejected the assessment saying it was based on opinion not fact. Before he was led out of the court Toia announced he would appeal the sentence. After the hearing, the police officer in charge of the case, Constable Matt King, said he was pleased with the sentence but believed a longer minimum parole period would have been preferable. "Police are absolutely ecstatic to have him behind bars for the sake of the community," he said. "The victim has suffered ongoing effects from that day and is struggling to put her life back on track."

---

Corrections and Additional Information
We endeavour to make this database as accurate as possible, but we are at the mercy of whatever information we can find in various online and offline archives. We rely on the public - that is, people like you - to fill in the gaps that we cannot. If you wish to submit additional information or a correction to this file CLICK HERE . Privacy: Trust policy is that all sources are treated as strictly confidential unless we are explicitly told otherwise. If you wish to see a file removed from this database certain conditions must be met by the offender set out HERE Note that this does NOT apply for those that are the primary offender in a murder, rape, or any sexual offending involving minors. We do not enter into correspondence regarding the guilt/innocence of offenders. Such correspondence is not responded to, especially if the offender concerned has a number of prior convictions

Back to Top