R v JOHN [2017] NZHC 2003

R v JOHN [2017] NZHC 2003

The judge held the evidence of each sexual offending allegation was cross-admissible as propensity evidence relevant to consent, the probative value was not outweighed by unfair prejudice with appropriate jury directions, and therefore the severance application was dismissed and the charges must be tried together.

Source-derived case information.

Citation
[2017] NZHC 2003
Parties
Prosecution: The Queen; Defendant: Joseph John
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 August 2017
Procedural Posture
Criminal Sexual Violation (rape) / Pre Trial Severance Hearing
Outcome
Application for severance dismissed; charges to be tried together
Legal Topics
Severance, Joinder, Propensity Evidence, Consent, Admissibility Under Evidence Act S43
Criminal Law Evidence Sexual Offences Severance Joinder Propensity Evidence Consent Admissibility Under Evidence Act S43

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Parties

The Queen

Prosecution

Joseph John

Defendant

Procedural Posture

Criminal Sexual Violation (rape) / Pre Trial Severance Hearing

Legal Issues

  1. 1 Whether charges should be severed
  2. 2 Admissibility of propensity evidence between counts
  3. 3 Whether evidence of one incident is cross-admissible to prove lack of consent in the other

Ratio Decidendi

The judge held the evidence of each sexual offending allegation was cross-admissible as propensity evidence relevant to consent, the probative value was not outweighed by unfair prejudice with appropriate jury directions, and therefore the severance application was dismissed and the charges must be tried together.

Court Disposition

Application for severance dismissed; charges to be tried together

Orders

  • Order prohibiting publication of name, address or identifying particulars of the defendant until final disposition of trial
  • Charges to be tried jointly (severance dismissed)