Propensity evidence — admissibility of evidence — admissibility of relationship evidence — domestic violence — Evidence Act 2006, s 43 — Perkins v R [2011] NZCA 665. The Crown made an application to lead at trial propensity evidence of earlier offending by the defendant against the complainant, his wife, as well as lead relationship evidence. The defendant faced three charges of assault with intent to injure and two of male assaults female. The defendant had previously pleaded guilty to a charges of common assault against the complainant in 2007, for which he subsequently received a discharge without conviction. The present charges relate to events alleged from 2014 to 2017, and include allegations of being restrained and strangled, which the Crown alleged were similar to the 2007 offending, although no summary of facts to that offending now exists. On the issue of admitting propensity evidence, the Judge considered s 43(1) of the Evidence Act and determined that it was admissible because while it was prejudicial to the defendant, it was not unfairly so, and could be balanced by direction from the trial Judge. On the issue of leading relationship evidence, the Crown argued evidence relating to their relationship should be admitted so as to provide necessary context to the complainant's allegations. However, the Judge held that the evidence did not assist the jury on the focus of the present trial and that the complainant's evidence could not be said to be incomplete without it. Therefore, the application to lead relationship evidence was declined. Judgment Date: 19 April 2018.