24 Jul 2018
SULLIVAN v R [2018] NZCA 362
- Citation
- [2018] NZCA 362
- Court
- Court of Appeal
The 2015 offending demonstrated a specific propensity by the appellant to apply force to the complainant's neck (rendering her unable to breathe) and to punch her face in a domestic context; that propensity was sufficiently specific and probative on the central trial issue of whether the assaults occurred, and its probative value outweighed the low risk of unfair prejudice (particularly in a judge alone trial), therefore the trial judge rightly admitted the prior conviction as propensity evidence and the appeal is dismissed.