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R v Price [2018] NZDC 17956

Published 31 May 2019

Division of charges — sufficiency of evidence — application to lead video evidence — Criminal Procedure Act 2011, s 21. The first defendant faced a charge of robbing a woman of her vehicle and the contents of the vehicle. The Court and counsel had discussed splitting the charge into two, one relating to the vehicle itself and the other to the vehicle's contents. This raised the issue of whether there was enough evidence to proceed with a charge as it related to the contents of the vehicle. The Court decided to split the charge into two separate counts anyway, reasoning that to do so would assist the jury to focus on the key issues. The Crown had also applied to lead video evidence relating to the theft of another vehicle. The Court ruled that part of the video clip could not be led as it carried the risk of unfair prejudice to the defendant. However the Court ruled that the rest of the video clip was admissible as it was relevant to the defendant's intent. Finally, the defendant sought to prevent parts of his police interview from being led as evidence, arguing that as they related to his use of methamphetamine they were unfairly prejudicial. The Court agreed with the defendant and ruled the evidence inadmissible. Judgment Date: 23 August 2018. * * * Note: names have been changed to comply with legal requirements. * * *