The appellant (Mr Paki) was sentenced by Wylie J in the High Court at Hamilton on 18 December 2012 to a term of preventive detention with a minimum period of imprisonment of five years.
The three counts of committing an indecent act on a child under the age of 12 all arose out of events on a single evening. It occurred between February 2008 and February 2009 when Mr Paki was visiting the home of a family with whom he enjoyed a close relationship. Mr Paki had been socialising, including drinking with the victim’s parents and a number of other adults. Sometime after the young girl, who was aged nine at the time, had gone to sleep in her own bedroom, she was woken by somebody entering her room. Mr Paki went into the bedroom and shut the door behind him. He got into the victim’s bed, approaching her from behind. He unzipped his pants and pulled out his penis, then grabbed the victim’s hand and forced her to touch him in the area of his genitals. The victim tried to pull away and Mr Paki then tried to pull the victim’s pants down. She held them on and prevented him from doing so. He then touched the victim’s lower back and rubbed his genitals against the victim’s body. The victim described Mr Paki as trying to put his “thing up her bum”. The victim then told Mr Paki she wanted to go to the toilet and got out of bed. The incident ended at that point.
Mr Paki had previously been convicted in 1998 for an indecent assault on a 13 year old girl. Mr Paki was aged 16 at that time and knew the victim, who was a friend of his cousin. That indecent assault involved him lying on the floor next to the victim’s bed with his hand under the bedding, touching her inside her boxer shorts and on her inner thigh. He was disturbed by the sound of others in the vicinity and left the room.
Then in 2001, Mr Paki was convicted of abducting a girl under the age of 16 and assaulting her with the intent to rape her. At the time of the offending, that victim was 13 years old and Mr Paki was aged 19. He had followed the victim home from her school. After initially approaching the house and asking if someone else lived there, Mr Paki returned some five minutes later, knocked on the door and when the victim opened it, pushed the door open and dragged her into the house and into her bedroom. Mr Paki pinned the victim onto her bed, holding her there with his body and threatening to bash her. He put his hand over her mouth when she began to scream, but after Mr Paki asked the victim to open her legs and she asked him why, he stopped the attack on her, said out loud “what am I doing, why am I here?” and left the address. Mr Paki later admitted to the Police that he had intended to rape the victim.
Mr Paki was 30 at the time of the present sentencing. The remainder of his convictions were dominated by sprees of burglaries, involving some 11 counts for which he was sentenced in April 1999, nine counts for which he was sentenced in May 1999 and two for which he was sentenced in October 2000. In addition, there have been convictions for unlawful interference with, or getting on to, motorcycles, breach of release conditions and of terms of extended supervision.
Date of Birth
1982 (D.O.B. is approximate)
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OFFENCES / CONVICTIONS
|Event Date||Event||Court Location||Offence Type||Offence Date||Committed While||Sentence Imposed|
|4-7-2013||Appeal hearing Date is approx||Court of Appeal Hamilton||Doing an indecent act on a girl under 12||07-02-2009||Preventive Detention||▼|