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An Auckland man who a judge has described as “querulous, perhaps obsessive” after he kidnapped his house-sitter, beating him until he had a ruptured spleen and threatening to cut his toe off with gardening shears has been jailed.
Back in July 2020, a man was house-sitting for Nicholas Hambly while he went away.
When Hambly arrived home he discovered some of his belongings were missing and believed the house-sitter had taken it or allowed it to be taken.
Over a period of four days, Hambly repeatedly called and messaged the house-sitter demanding to know where the property was and threatening to harm him.
“You f… with me, I break your legs,” Hambly said in one text message.
At the sentencing Justice Mathew Downs observed Hambly smiling as he read out the text message, his sentencing notes record.
David White/Stuff
Justice Mathew Downs said there was a mounatin of evidence against Nicholas Hambly. (File photo)
On July 21, Hambly asked the house-sitter to meet him at another man’s house where co-offender Michael Ford was present.
Ford, who was seen as the main attacker, previously admitted the offending and is already serving a jail term.
After the house-sitter arrived, Ford punched him in the face.
The house-sitter was told he was not allowed to leave the house, and he remained there out of fear.
The following day, the house-sitter was made to participate in two videos where he had to confess to taking Hambly’s property.
In those confession videos, Ford and Hambly severely beat the house-sitter.
Both men repeatedly kicked and stomped him while he was on the ground which caused his spleen to rupture.
The pair continued the beatings because they wanted the house-sitter to be quiet, worried the neighbours would hear.
Later that day, Hambly told the house-sitter to remove his shoes.
“You then heated a pair of garden shears on the element until they were read hot. You placed the shears around [the house-sitter’s] toe. You threatened to cut it off, give the severed toe back, and make [the house sitter] walk to hospital.”
Justice Downs said Hambly planned and arranged the offending.
The judge also detailed how Hambly refused to engage with a probation officer for his pre-sentence report.
But he did protest his innocence.
In Hambly’s cultural report, Justice Downs said he’d been described as having a “classic Kiwi upbringing”, attending university and had a successful business.
However, Hambly has suffered failure and been on the benefit.
“At some point, you appear to have gone down rabbit holes,” Justice Downs said.
Hambly believed he has been under surveillance by the SIS, things relating to Covid-19 “are not what they seem” and the government is actively undermining the rights of citizens.
The cultural report detailed how Hambly has “inflated sense on injustice” and may exhibit “paranoia”.
Justice Downs detailed how Hambly fired his lawyers on the morning of trial and had represented himself at trial with Vivienne Feyen and Holly Aitken as standby counsel.
Hambly was “obsessed with detail” and fixated on telecommunications, Justice Downs said.
He also refused to wear a mask when a juror tested positive for Covid-19.
“You said Covid-19 could not be established as a phenomemon.”
Justice Downs said Hambly’s behaviour “admits a unifying theme”.
“I would describe it as querulous, perhaps obsessive. Unsurprisingly, you were found guilty. There was a mountain of evidence against you.”
Hambly, 50, was sentenced to six years and six months’ imprisonment by Justice Downs on Thursday.
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