17 Nov 2022
WILLIAMS v R [2022] NZCA 553
- Citation
- [2022] NZCA 553
- Court
- Court of Appeal
The Court held that prior acquittal propensity evidence is admissible if it satisfies s43 of the Evidence Act 2006; the admissibility threshold is proved on the balance of probabilities; the mother's testimony, though properly relevant as propensity material, should have attracted a propensity direction but its admission without one was harmless in the context of the trial; the convictions and sentence were therefore upheld and the appeals dismissed.