5 Aug 2021
COX v NEW ZEALAND POLICE [2021] NZHC 2029
- Citation
- [2021] NZHC 2029
- Court
- High Court
The Judge correctly applied Evidence Act s43: the two incidents were closely connected in time and strikingly similar (parking unnecessarily close, exposed genitals, sustained eye contact and approach), giving high probative value to the Eastgate incident as propensity evidence for the Park incident; the propensity evidence did not unfairly prejudice the defendant nor constitute a miscarriage of justice, so the convictions were upheld and the appeal dismissed.