New Zealand Police v Kirikiri [2018] NZDC 2445

Published 30 October 2018

Application to admit propensity evidence — relationship propensity evidence — domestic violence — male assaults female — Evidence Act 2006, s 43 — Mahomed v R [2011] NZSC 52 — Perkins v R [2011] NZCA 665 — R v Potaka-Alexander [2012] NZHC 1958 — M v R [2013] NZCA 239. The police sought to adduce relationship propensity evidence against the defendant that demonstrated the true nature and context of the relationship between the complainant and the defendant; that the defendant was controlling and abusive. The proposed propensity evidence was to show that the defendant would become wound up about something, call and abuse the complainant before eventually going to her home whilst the complainant would try to anticipate him arriving and leave to avoid him. The court found that the proposed relationship propensity evidence was critical to the issues to be determined at trial, noting that the allegations could not be dealt with in a vacuum, and allowed the evidence to be admitted as the risk of prejudice was reduced by the fact that the defendant was to be tried by a Judge alone. The proposed evidence was declared to be admissible. Judgment Date: 7 March 2018.