R v Nazeem Abboud [2017] NZDC 4593

Published 05 December 2017

Pre-trial application — admissibility of evidence — relationship propensity evidence — probative value. The prosecution applied to have evidence admitted to a jury trial that demonstrated the context of the relationship between the parties. The evidence explains the reasons that the defendant acted in the way that she did and her fears. The Court found that it would be artificial for the victim to describe the incident and her response to it without having reference to the fact that it had happened in the past as it explained her response. The Court found that the evidence was highly probative of a number of key issues at trial. The Court found that because the relationship propensity evidence is to be led in a general way it will reduce the prejudice to the defendant, that it was less likely to distract a jury or lead them to put an inappropriate weight to the background evidence. Judgment Date: 9 March 2017 * * * Note: names have been changed to comply with legal requirements. * * *