Published 02 May 2023
Pretrial — admissibility — propensity evidence — conspiracy to supply methamphetamine — possession of methamphetamine for supply — supplying methamphetamine — Evidence Act 2006, s 43 — Mahomed v R [2011] NZSC 52. The defendant was facing charges of conspiracy to supply methamphetamine, possession of methamphetamine for supply, and supplying methamphetamine. He was alleged to have on several occasions bought methamphetamine from two suppliers, and to have then arranged to sell and distribute the methamphetamine to lower-level dealers. In this application, the Crown sought to introduce as propensity evidence the defendant's prior conviction for possession of methamphetamine for supply. That conviction arose from an incident where the police had searched the defendant's home and found seven grams of methamphetamine, over 200 snap lock bags and $17,035 cash. The Crown submitted that this evidence could assist the jury in providing context on the defendant's background, and that also it was unlikely that the resemblance between the prior incident and the current charges was a coincidence. The Court considered the prior offending "unremarkable". There were not in fact significant similarities between the prior offending and the offending alleged, and to introduce the evidence would likely be unfairly prejudicial to the defendant. The application was declined. Judgment Date: 17 December 2021
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