Apprentice Builder Drives Into Group After Being Attacked, Discharged Without Conviction

A 25-year-old apprentice builder in Auckland has been granted a discharge without conviction after driving into a group of people following an altercation in Ponsonby.

James Fitzgibbon, an apprentice builder, was involved in a confrontation with a group of individuals on Heke Street in Ponsonby. According to court records, the incident occurred after Fitzgibbon and his partner were attacked by another group of people outside a bar on June 15, 2024. The court heard that Fitzgibbon and his group had been separately attacked and assaulted by members of the other group.

"You and your group had been separately attacked and assaulted by members of the other group," said Judge Steve Bonnar in his decision. "There was an element of provocation to the man’s offending." The court acknowledged that Fitzgibbon had no previous convictions and that he was remorseful, with a low risk of reoffending.

During the incident, Fitzgibbon and his male friend were punched several times, and both women in their group were also attacked. After the altercation, Fitzgibbon and his group left the scene and were confronted again by the other group. According to the court summary, Fitzgibbon then drove into the group, hitting three individuals with his vehicle. The court noted that Fitzgibbon had no prior criminal history and had made an early guilty plea.

"Your chances of getting another break from the court would be very slim indeed," Judge Bonnar warned. He also declined to make reparation orders to the three victims, citing the provocation and the group’s attack on Fitzgibbon’s partner’s car.

The court heard that Fitzgibbon had consumed cocaine, MDMA, and four drinks before the incident, but he passed both breath and impairment tests afterward. The judge also considered the potential impact on Fitzgibbon’s future employment, as his employer stated that a conviction could cost him his job and make it difficult to find future work in his field.

"From my experience in court, background checks are routinely required for contractors," the judge said. He ultimately decided to grant a discharge without conviction, taking into account Fitzgibbon’s youth, his efforts toward rehabilitation, and the fact that his group had been attacked first.

Despite the court’s decision, one of the victims suffered knee pain and cuts, another had cuts and bruising, and the third complained of pain in their left hip, knee, and ankle. Fitzgibbon’s partner also suffered a fractured nose, along with cuts and bruises to her face and arms.

While no charges were laid against the other group, the incident has sparked discussions about the consequences of violence and the legal system’s approach to cases involving provocation and self-defense.