Propensity evidence — burglary — previous burglary convictions — Evidence Act 2002, s 9. The defendant faced a charge of burglary. He was alleged to have entered a residential garage and stolen furniture, clothing and toys. The Crown applied to lead two of the defendant's previous burglary convictions as propensity evidence. One of the convictions involved the defendant stealing a pair of shoes off a porch. The Court refused to allow this conviction to be led as evidence, reasoning that it was too dissimilar to the offending alleged. The other conviction was for an incident where the defendant entered a residential garage and stole a water blaster and a box from outside the front door. The Court found that the similarities between this offending and that alleged in the current case suggested the defendant's modus operandi of entering a residential garage and taking whatever he found there. To admit this as evidence would not be unfairly prejudicial; the Court granted the application. Judgment Date: 20 July 2018.