R v Zelyn Hiktangata [2016] NZDC 5505

Published 17 August 2016

Propensity evidence — giving evidence in an alternative way — Evidence Act 2006, ss 7, 103 and 105 — Mahomed v R [2011] NZSC 52 — robbery — injuring with intent to injure. Both defendants charged with robbing the complainant and either assaulting or injuring with intent to injure. Mr Robson, having pleaded guilty on charge of injuring with intent to injure, awaited sentencing on that charge. This proceeding related to evidence applications sought by the Crown. Application for complainant to give evidence by CCTV granted (ss 103 and 105). Crown application to call propensity evidence against Mr Robson was refused. Evidence was not considered probative (Mahomed and s 7). Further, the Judge opined that even if the evidence was probative the prejudicial nature would outweigh probative value in a way that could not be overcome with a judicial direction.