IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CRI-2023-454-000007
[2023] NZHC 985
BETWEEN SHAYDEN COLE HIKAKA-BEATTIE
Appellant
AND
THE KING
Respondent
Hearing: 20 April 2023 Appearances:
O S Winter for Appellant
G J C Carter for Respondent
Judgment:
28 April 2023
JUDGMENT OF GRICE J
Introduction
[1] Following a Judge-alone trial the appellant, Mr Hikaka-Beattie, was convicted1 of two counts of using a firearm against an enforcement officer,2 kidnapping,3 failing to stop,4 and dangerous driving.5
[2] The appellant now appeals these convictions, on the basis the Judge erred in his assessment of the evidence to such an extent that it created a real risk that the outcome of the trial was affected and a miscarriage of justice occurred.
1 R v Hikaka-Beattie [2022] NZDC 16242 [conviction decision].
2 Crimes Act 1961, s 198A(1) — maximum penalty 14 years’ imprisonment.
3 Section 209 — maximum penalty 14 years’ imprisonment.
4 Land Transport Act 1998, ss 52A(1)(a)(ii), (5), (6) and 114(2) — maximum penalty three months’ imprisonment.
5 Section 35(1)(b) — maximum penalty three months’ imprisonment, six months’ disqualification,
$4,500 fine.
HIKAKA-BEATTIE v R [2023] NZHC 985 [28 April 2023]
Background
[3]The appellant faced three groups of charges arising from different locations:
Events at Sanson
(a)unlawful carrying an imitation firearm;
(b)presenting an imitation firearm;
(c)threatening to kill.
Events at Feilding
(d)using a firearm against an enforcement officer (x2);
(e)aggravated robbery;
(f)kidnapping;
(g)failing to stop;
(h)dangerous driving.
Events at New Plymouth
(i)failing to stop;
(j)dangerous driving;
(k)refusing to undergo a compulsory impairment test.
[4]The appellant pleaded guilty to the Sanson and New Plymouth charges.
[5] The trial for the Feilding charges commenced on 24 August 2022. In a reserved decision issued on 2 September 2022, the appellant was acquitted on the charge of
aggravated robbery and convicted on the remaining charges. The Feilding convictions are the subject of this appeal.
[6] The appellant was sentenced on all charges on 21 February 2023.6 He was sentenced to six years and three months’ imprisonment and was disqualified from driving for a total of 18 months, with a minimum period of imprisonment of 50 per cent, or three years, one month and two weeks’ imprisonment.7
Factual background to the offending
[7] The appeal grounds relate to the identification of Mr Hikaka-Beattie. In addition, in relation to the firearm charges, the appellant says there was insufficient evidence for a finding to the requisite standard of proof that the weapon involved was a sawn-off shotgun.
[8] The following summary of the factual narrative is taken from the judgment.8 On the morning of 13 June 2023, police staff were briefed about the appellant being wanted by the police. Constables Nathan Stewart and Kevin Garrick were at the briefing.
[9] Just after 11am, Constables Stewart and Garrick saw a stolen Subaru Legacy they had been sent to Feilding to help recover. After a short pursuit, the vehicle was stopped where it effectively blocked half the roadway.
[10] One man…
Keep reading for free
Create a free CaseChat account to read Hikaka-Beattie v The King and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] NZHC 985
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.