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R v Harder

R v Harder

Case [2025] NZHC 1321 27 May 2025

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-004-004331

[2025] NZHC 1321

THE KING

v

RICKY HARDER

Hearing: 27 May 2025

Appearances:

P R McNabb for Crown M M Ryan for Defendant

Sentenced:

27 May 2025

SENTENCE OF ANDERSON J

Solicitors:
Meredith Connell, Auckland

R v HARDER [2025] NZHC 1321 [Redacted] [27 May 2025]

Introduction

[1] Mr Harder, you are being sentenced today, having pleaded guilty to one charge of kidnapping1 and one charge of injuring with intent to injure.2 You accepted a sentence indication I gave on 1 October 20243. At that time, I only provided a brief summary of my reasons. I will set out my full reasons today. I also consider the impact of personal factors in light of the reports I have now received.

Summary of facts

[2]I will first outline the facts of your offending.

[3] At about 4 am on Sunday 28 May 2023, your co-defendants kidnapped the victim over alleged disrespect towards the girlfriend of one of them at a bar earlier in the evening. Two of your co-defendants, Mr Israel Lama and Mr Nathan Tuaiti, are patched members of the Head Hunters and the King Cobras respectively. At the time of your offending, you were a prospect for the Head Hunters.

[4] Your co-defendants took the victim to a Head Hunters address in Helensville, and proceeded to commit severe acts of violence against him. You arrived at the address at about 7.30 am. You came because Mr Israel Lama called you and instructed you to go there.

[5] When you arrived, the victim was naked with his hands bound. He had already been severely assaulted by your co-defendants. You went up to him and called him ugly and a “fucking disgrace”. You then hit and kicked the victim several times. At one point, you struck him across the face with an aluminium pole. While you were there, others in the group also took turns beating the victim and striking him with the pole. You also smacked the victim in the face, chest and back with a belt which was filmed by one your co-defendants.

1      Crimes Act 1961, s 209(b), maximum penalty of 14 years’ imprisonment.
2      Section 189(2), maximum penalty of five years’ imprisonment.
3      Attached.

[6] You left the address about 30 minutes after you arrived. The victim was detained at the address until the early hours of the following morning.

[7] The victim sustained multiple serious injuries as a result of the offending group’s actions. Some of the lacerations to his body and bruising or swelling to the face may be due to what you did to him.

Victim impact

[8] The effect on the victim of the events in which you were involved is profound. He continues to suffer ongoing pain because of the injuries he received. He was subjected to a terrible ordeal that you participated in.

Starting point

[9] Having regard to the principles of sentencing,4…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Harder

Details

AGLC: R v Harder [2025] NZHC 1321
Case: [2025] NZHC 1321
Decision Date: 27 May 2025

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Ricky Harder was sentenced for his involvement in the kidnapping and assault of a victim in May 2023. Harder had pleaded guilty to one count of kidnapping and one count of injuring with intent to injure. The court heard that Harder and six co-defendants kidnapped the victim in the early hours of 28 May 2023 and subjected him to a prolonged and violent assault at a Head Hunters address in Helensville. Harder arrived at the address approximately 30 minutes after the initial kidnapping and joined in the assault, striking the victim with an aluminum pole and a belt. The court considered several aggravating factors, including the presence of multiple attackers, the use of weapons, the victim's vulnerability, the severity of the harm inflicted, and the gang-related context of the offending. Based on these factors, the court set a starting point of three years and six months imprisonment for the injuring charge, with an additional six-month uplift for the kidnapping charge. After considering personal mitigating factors, including Harder's early guilty plea, youth, cognitive issues, and remorse, the court determined a final sentence of just over 23 months imprisonment. However, the court commuted the sentence to 12 months of home detention, taking into account Harder's limited role in the offending, his prospects for rehabilitation, and the impact of imprisonment on his young child.

The legal issues the court was required to decide included the appropriate starting point for sentencing, the effect of aggravating and mitigating factors, and whether a sentence of home detention would be suitable. The court applied established sentencing principles and considered the unique circumstances of Harder's offending, including his limited involvement and efforts towards rehabilitation. Ultimately, the court concluded that a sentence of home detention would better serve the purposes of denunciation, accountability, and rehabilitation while minimizing the risk of reoffending and the negative impact on Harder's personal life. The court imposed special conditions for Harder's home detention, including restrictions on alcohol and drug use, participation in treatment programs, and prohibitions on contact with the victim, gang members, and co-defendants.

Orders