08-05-2025
Dangerous driver Nichola Johns jailed for the death of Jake Heta in Whangārei crash
The courtroom was packed with friends and whānau of the well-known 44-year-old.
The court heard that about 10.30am on November 7, 2023, Johns was travelling south on Russell Rd from Oakura, heading towards State Highway 1.
Her first instance of dangerous driving occurred as she travelled down a hill, took a corner too wide and slid her vehicle across gravel.
After Johns got back on the road, she was witnessed travelling at a significant speed while overtaking a vehicle.
She then approached another moderate corner and narrowly missed an oncoming car.
About 10.50am, she crossed the centre line by at least half a metre as she rounded a tight left-hand corner at 80km/h and collided with Heta, travelling in the opposite direction.
Heta was thrown from his bike and died at the scene.
In her victim impact statement to the court, Heta's mother, Linda Heta, said her life was sent into a whirlwind the day she found out her son, who left behind two children, had died.
She said over the following days, around 600 people visited their homestead to pay respects to her 'vibrant, noisy son'.
Now, 18 months on, Linda said she still struggles to sleep and cries most days.
'I am so sad watching my grandson trying to navigate his grief, my heart breaks for what should have been. His dad was so proud of the man he was growing into,' she said.
Throughout the 2000s, Heta had a budding career as a hip-hop artist in the Northland group K54, with whom he released several tracks. He was musically known as Tha Key.
Heta's music featured in the Slow the Flow campaign against drink driving and New Zealand rapper Young Sid's remix of Hood Like Me.
Heta's father, Henare Heta, told the court some of his son's other achievements.
He said Heta was also a skilled boxer and kickboxer, and one of the best martial artists Northland had produced, noting he once won bronze at the Oceania championships for karate.
'You've stolen a father, a brother, my wife's only son. He was a good person and you've taken that all away,' Henare told Johns.
After the crash, blood analysis revealed she had twice the permitted level of the prescription drug clonazepam in her system.
The court heard high levels of tramadol were also detected, but because Johns was administered a dose at the hospital after the crash, it was impossible to determine how much was present at the time of the crash.
Johns was first charged with dangerous driving causing Heta's death in May 2024 and went on to plead not guilty.
She then challenged the summary of facts, specifically around the level of tramadol in her system and her actions after the crash.
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Judge Gene Tomlinson said the summary stated petrol surrounded her vehicle and Johns had said she didn't care if it exploded, something she denied saying.
Johns also maintained it was Heta who crossed the centre line, despite photos from the Serious Crash Unit proving the impact point was the centre of her vehicle.
While she eventually pleaded guilty to the charge, an affidavit she filed just days before sentencing was presented to the court, raising questions around her remorse.
In it, she denied having slid across gravel before the crash and stated she had pulled over to call her sister and respond to emails.
She also said although she overtook a vehicle, she did so legally, and that she had not helped Heta after the crash because she was trapped in her vehicle down a bank.
Crown lawyer Danica Soich submitted that Johns had three opportunities to take account of her bad driving before the fatal crash occurred.
'She narrowly missed another vehicle. That should have been a warning. Instead, she persisted in her dangerous driving.'
Soich was critical of Johns' affidavit and what she described as a continued narrative with pre-sentence report writers of victim blaming.
'There is this ongoing perception that somehow the victim was also responsible,' Soich said.
'Had Ms Johns not crossed the centre line, then Mr Heta would not have died.
'She has a history of driving in ways that cause harm to others, she continues to disobey road rules and, in this case, has driven consistently despite the multiple warnings to drive with proper care.'
The court heard Johns was convicted of dangerous driving causing injury in 1997 and later on two counts of driving with excess breath alcohol.
Defence lawyer Mathew Ridley emphasised Johns' actions in not assisting Heta immediately after the crash were due to her inability to at the time.
He also submitted that she had been driving with prescription medication in her system for 20 years.
'Just because she's been driving with that drug in her system doesn't make it okay,' Judge Tomlinson interjected.
'It should be a giant red flag that 'I shouldn't be driving'.'
Judge Tomlinson went on to acknowledge Heta and his commitment to his community.
He said Heta had provided guidance and mentorship to young people, was passionate about music and cared for those who cared for him.
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'As with the loss of an artist, the community has not only had him stolen from them, but his art as well,' the judge said.
'Particularly for this family. You hear a song, suddenly he is back with you - but he is not.
'The loss is felt again and again.'
Judge Tomlinson said it was Johns' impatience and reckless driving that ultimately cost Heta his life.
'When you narrowly missed someone in the second incident, that should have been a warning to slow down,' he said.
The judge ruled there was a pattern of behaviour where Johns shifted blame on to others.
This included the victim in the 1997 incident, to whom she also did not provide help.
Judge Tomlinson said there were few mitigating circumstances in the case.
'He didn't cross the centre line, and he didn't cause the crash,' he said.
'That attitude limits your acceptance of responsibility – you're still pointing the finger at others.'
As a result, he sentenced Johns to two years and seven months in prison and disqualified her from driving for 18 months.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
