New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S43 evidence act 2006

Legal area

Court

23 Apr 2018

HYLTON v R [2018] NZCA 110

Citation

[2018] NZCA 110
Court

Court of Appeal

The appeal is allowed because the trial judge did not have the evidence the Crown sought to adduce and therefore could not properly assess probative value against unfair prejudice under s43 Evidence Act 2006; the Crown should have provided up‑to‑date witness statements and the matter is remitted to the District Court for reconsideration with the proper material.
19 Mar 2018

R v COE [2018] NZHC 502

Citation

[2018] NZHC 502
Court

High Court

The April 2017 offending and prior conduct were admissible as relationship propensity evidence because they demonstrated a recurring pattern of possessive, intoxication-linked violence toward the same complainant that was directly relevant to intent, credibility and the kidnapping allegation; the probative value was high and outweighed any unfair prejudice, which could be mitigated by an agreed statement of facts and standard propensity directions under s43 Evidence Act 2006.