R v Ruth Wheeler [2016] NZDC 9957

Published 17 August 2016

Propensity evidence — Evidence Act 2006, s 43(3) and (4) — Grimshaw v R [2013] NZCA 22 — Mahomed v R [2011] NZSC 52 — methamphetamine offending. The defendant faces one charge of possession of methamphetamine for supply and a separate charge of supplying methamphetamine. The issue was whether earlier methamphetamine offending could be adduced as propensity evidence. Previous convictions of possession of methamphetamine simpliciter (for personal use) had limited probative value in relation to charges of supply and not permitted as propensity evidence (Grimshaw). Charges for possession for supply were highly relevant (s 43(3)). Probative value of that evidence outweighed any unfairly prejudicial effect permitting that evidence might have on the defendant (Mohamed, s 43(4)). Evidence allowed as propensity evidence.