| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA647/2024 |
| BETWEEN | CARLOS HARRIS |
| AND | THE KING |
| CA94/2025 | ||
| BETWEEN | BERNADETTE RAWIRI | |
| AND | THE KING | |
| Hearing: | 14 May 2025 |
Court: | Woolford, Jagose, and Powell JJ |
Counsel: | E P Priest and S V Wood for Appellant in CA647/2024 |
Judgment: | 2 July 2025 at 2:30 pm |
JUDGMENT OF THE COURT
The appeals are dismissed.
REASONS OF THE COURT
(Given by Powell J)
On the evening of 12 June 2023, the victim in this matter was kidnapped from her home by a group of armed men who also threatened her partner. Over the next 24 days she was held captive at three different addresses where she was threatened, assaulted and tortured in an attempt to extort cryptocurrency. Only when she escaped did what appears to be the longest kidnapping in New Zealand history come to an end.
Not all those responsible have been identified. Four have been charged, including the two appellants, Carlos Harris and Bernadette Rawiri. Both pleaded guilty to a single charge of kidnapping,[1] and both were sentenced by Judge Gibson as follows:
(a)In sentencing Mr Harris, Judge Gibson adopted a starting point of 13 years and six months’ imprisonment.[2] An allowance of 25 per cent was given for an early guilty plea and 15 per cent for Mr Harris’ personal and background factors.[3] The latter included “to [a] very limited extent”, the effect of Mr Harris’ imprisonment on his two children living with him.[4] The end sentence was eight years’ imprisonment with a minimum period of imprisonment (MPI) of four years.[5]
(b)In sentencing Ms Rawiri, Judge Gibson adopted a starting point of eight years and six months’ imprisonment on the kidnapping charge.[6] An uplift of one year was applied for a burglary committed subsequent to the kidnapping, with a reduction for totality of six months.[7] Allowances of 20 per cent were given for the guilty plea, five per cent for “some indications of discrete remorse”, and 10 per cent for personal background factors which had a “nexus to the offending”.[8] An uplift of two months was made to recognise that the offending occurred on bail, and a further two‑month uplift was applied to recognise previous convictions. This led to an end sentence of six years and two months’ imprisonment.[9] An MPI of 50 per cent was also imposed.[10]
[1]Crimes Act 1961, s 209. Maximum penalty: 14 years’ imprisonment.
[2]R v Harris [2024] NZDC 22607 [Harris sentencing notes] at [31].
[3]At [31].
[4]At [31].
[5]At [31] and [37].
[6]R v Rawiri [2025] NZDC 2872 [Rawiri sentencing notes] at [15].
[7]At [15]–[17]. Ms Rawiri was sentenced by Judge Gibson to six months’ imprisonment for the burglary, to be served concurrently with the kidnapping sentence.
[8]At [18]–[19].
[9]At [19].
[10]At [21].
Both now appeal their sentences on the grounds they were…
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- AGLC
- Harris v The King [2025] NZCA 292
- Case
- [2025] NZCA 292
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