8 Oct 2019
PETER JAMES BROOKS v R [2019] NZSC 107
- Citation
- [2019] NZSC 107
- Court
- Supreme Court
The application for leave to appeal is dismissed because the Court of Appeal correctly applied Fenemor and s 43: prior acquittal propensity evidence is not automatically excluded, absence of earlier trial records does not alone establish unfair prejudice, the assessment is case-specific and here the probative value outweighed the risk of unfair prejudice, so no miscarriage of justice was shown.