R v Booker - [2025] NZHC 1077

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2024-092-7096

[2025] NZHC 1077

THE KING

v

JOSEPH GIOVANNI BOOKER

Hearing: 6 May 2025

Appearances:

A Al-Janabi for the Crown

D Taumihau and A Jordan for the Defendant

Sentencing:

6 May 2025

Reissued:

14 August 2025

(REDACTED AND ANONYMISED) SENTENCING NOTES OF ANDREW J

R v BOOKER [2025] NZHC 1077 [6 May 2025]

[1] Kia ora Mr Booker, Joseph, you may remain seated until I ask you to stand at the end of my sentencing.

[2] Mr Booker, you appear this morning for sentence having pleaded guilty to one charge of reckless driving causing injury1 and one charge of driving with excess blood alcohol.2

[3]I’m going to start my remarks by referring to the facts of your offending.

The facts

[4] You and Ms W entered into a relationship in March 2024. During the course of that brief relationship, Police attended three family harm incidents involving you and Ms W.

[5] On Saturday 3 August 2024, you were with Ms W at her family’s home address in Manurewa. You were both preparing to attend a 21st birthday party for one of Ms W’s brothers on the North Shore.

[6] During the course of the afternoon and early evening, you and Ms W began to argue. You were both already intoxicated by that point. You moved to Ms W’s bedroom, where the argument continued. And during the argument, you punched a hole in the wall.

[7] Ms W’s older brother Joshua went to the bedroom, in order to separate the two of you. He sent you out to your car. However, Ms W followed you, and the argument continued.

[8] Eventually, the rest of Ms W’s family began leaving the house to make their way to the same birthday party. Ms W was offered a ride by her brother and sister-in-law, but she refused to accompany them, and she remained with you.

1 Land Transport Act 1998, ss 36(1)(a) and 36(2). Maximum penalty: 5 years’ imprisonment or a fine not exceeding $20,000, and disqualification from holding or obtaining a driver licence for a minimum of one year.
2 Sections 56(2) and (3). Maximum penalty: 3 months’ imprisonment or a fine not exceeding
$4,500, and disqualification from holding or obtaining a driver licence for a minimum of 6 months.

[9] You intended to leave without going to the party, but Ms W followed you. She had your phone in her possession, and refused to give it back.

[10]You got into the Honda Civic vehicle, as did Ms W.

[11] You initially began driving towards the party, but returned to Ms W’s house because she had forgotten something. She could not enter her house because it was locked and, while you were both outside, you unsuccessfully tried to retrieve your phone from her.

[12] You then tried to leave again, but Ms W again followed you to try to speak to you. She got back…

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 R v Booker

Details

AGLC: R v Booker [2025] NZHC 1077
Case: [2025] NZHC 1077
Decision Date: 6 May 2025

CaseChat Overview and Summary

In the High Court of New Zealand, Joseph Giovanni Booker appeared before Justice Andrew J to receive his sentence for charges of reckless driving causing injury and driving with excess blood alcohol. The court had to determine the appropriate sentence considering the aggravating and mitigating factors of the case, as well as the relevant purposes and principles of sentencing. The court's primary considerations included holding Booker accountable for his actions, promoting a sense of responsibility, denouncing his conduct, and deterring others from similar behaviour.

The court identified several aggravating factors, such as Booker's excessive alcohol consumption, his excessive speeding in a residential area, and his deliberate aggressive driving. The injuries sustained by the victim, Ms W, were also significant, including a collapsed lung, multiple fractures, and facial lacerations. The court considered the seriousness of these injuries and their lasting impact on Ms W. The court then compared Booker's case with similar cases provided by both the Crown and the defence, and determined that an adjusted starting point of two years and six months' imprisonment was appropriate.

In the second step of the sentencing process, the court assessed personal factors to determine whether the starting point should be increased or decreased. The court found that Booker had no previous convictions and had shown remorse for his actions, which warranted a 55% discount on the starting point. After further considering the time Booker had already spent on bail, the court reduced the sentence to 11 months' imprisonment. Given this reduced sentence, the court considered a sentence of home detention to be the most appropriate outcome. Therefore, Booker was sentenced to five-and-a-half months' home detention, with concurrent driving disqualifications of one year and six months for the respective charges.

Justice Andrew J concluded by imposing the sentence on Booker, and instructed him to stand. Booker was sentenced to five-and-a-half months' home detention, with a one-year driving disqualification for the reckless driving charge and a six-month disqualification for the excess blood alcohol charge, to be served concurrently.

Orders