Beattie v Police - [2020] NZHC 1831

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2020-409-000067

[2020] NZHC 1831

BETWEEN
SHANNON CLIVE BEATTIE

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 16 July 2020

Appearances:

A J McKenzie for the Appellant S L Dayal for the Respondent

Judgment:

28 July 2020

JUDGMENT OF NATION J

Introduction

[1] On 19 May 2020, Shannon Beattie was sentenced to 18 months’ imprisonment, and three years and one day’s disqualification from driving for driving while disqualified, dangerous driving, failing to stop, failing to assist with a computer search, driving while impaired by methamphetamine and breaching a sentence of home detention.1 Standard and special conditions of release were also imposed for six months. He appeals against his sentence of imprisonment.

Facts

[2] At the time of the offending, Mr Beattie had eight previous convictions for driving while disqualified, or while his licence was suspended or revoked. He also

1 Police v Beattie [2020] NZDC 8723.

BEATTIE v POLICE [2020] NZHC 1831 [28 July 2020]

had three previous convictions for failing to stop. He was serving a sentence of home detention at the time.

[3] At about 8.10 am on 4 April 2020, Mr Beattie was driving north on Godley Quay in Lyttelton with a passenger accompanying him. Police were driving in the opposite direction. Mr Beattie accelerated in an attempt to evade police. Police turned around to follow Mr Beattie and activated their lights and siren. Mr Beattie did not stop and continued to accelerate heavily as he travelled north. In a victim impact statement, his passenger said she told him to stop but he didn’t. He continued driving over 50 km/h through the residential streets of Lyttelton while heading west towards Corsair Bay. Police lost sight of him due to his speed.

[4] At about 8.30 am, Mr Beattie turned onto Old Tai Tapu Road. Police again followed him and activated their lights and sirens. Again, he did not stop. Mr Beattie continued travelling west on Lincoln Tai Tapu Road, reaching speeds of up to 150 km/h. Police abandoned the pursuit due to his driving and because he was approaching the Lincoln township. He continued speeding through Lincoln. He approached a roundabout at speed, failed to navigate it properly and lost control, causing the vehicle to collide with a wooden power pole, finally bringing the vehicle to a stop. Mr Beattie exited the vehicle and attempted to flee.

[5] Police arrested Mr Beattie and a blood specimen was taken. His blood was found to contain evidence of methamphetamine. He was also required under s 130 of the Search and Surveillance Act 2012 to provide passcodes for three mobile phones found in his possession. He failed to do so.

[6] Mr Beattie therefore breached his home detention by leaving his house for a time between about 6.30 am and 9 am on 4 April 2020.

District Court decision

[7] Judge Mark Callaghan noted Mr Beattie’s extensive history of driving offending, including failing to stop,…

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 Beattie v Police

Details

AGLC: Beattie v Police [2020] NZHC 1831
Case: [2020] NZHC 1831
Decision Date: 28 July 2020

CaseChat Overview and Summary

Shannon Clive Beattie appeals against his sentence of imprisonment for driving while disqualified, dangerous driving, failing to stop, failing to assist with a computer search, driving while impaired by methamphetamine and breaching a sentence of home detention. The High Court was required to determine whether the District Court judge erred in sentencing Mr Beattie to imprisonment rather than a community-based sentence. The Court found that the District Court judge had not erred in deciding that a community-based sentence was inappropriate. The Court found the District Court judge had carefully considered Mr Beattie’s history of offending, his non-compliance with previous community-based sentences and non-compliance with conditions that were imposed to assist in his receiving treatment or appropriate counselling. The Court also found that the District Court judge had reasonably concluded that home detention was not appropriate, particularly given Mr Beattie’s breach of his home detention when the offending occurred. The Court concluded that the District Court judge was clearly entitled to find himself not satisfied that a sentence of intensive supervision would reduce the likelihood of Mr Beattie reoffending through rehabilitation and reintegration. Therefore, the Court dismissed Mr Beattie’s appeal against the sentence of imprisonment.

Orders