Hikaka-Beattie v The King - [2023] NZHC 985

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…

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.

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Details

Case: [2023] NZHC 985
Decision Date: 28 April 2023

CaseChat Overview and Summary

Shayden Cole Hikaka-Beattie appeals his convictions of using a firearm against an enforcement officer, kidnapping, failing to stop, and dangerous driving. The appellant contends 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. The appeal focuses on the reliability of the identification evidence and the sufficiency of the evidence to prove that the weapon was a firearm. The appeal was dismissed. The Judge's findings as to identification were open to him and there was no error in his assessment of the evidence. The Judge properly considered the evidence and provided a rational basis for his conclusions. The Judge was also entitled to find that the item presented at police officers was a firearm. The evidence of Constable Garrick, with his 27 years of experience with firearms, was sufficient to support the Judge's finding.

Orders