Pretrial ruling — propensity evidence — aggravated robbery — physical proximity — Crimes Act 1961, ss 235 & 282 — Evidence Act 2006, ss 40 & 43 — Oranga Tamariki Act 1989, s 282 — Police v HC [2016] NZYC 218 — R v K [2019] NZSC 46 — R v Armitage [2017] NZCA 63 — R v Mohammed (2011) 25 CRNZ 223 — R v Mata [2009] NZCA 254 — M v R [2013] NZCA 23 — C v R [2015] NZCA 262 — R v O [2017] NZCA 472. The young person faced one charge of aggravated robbery. It was alleged that he had been one of three people who approached the complainant, took his wallet and phone and threatened him with a knife to get the phone's PIN. The police wanted to lead propensity evidence at trial of earlier offending that had been discharged without conviction. The propensity evidence concerned similar aggravated robbery offending six months before the alleged offending. The Judge noted that even though the previous offending had been discharged, the admitted facts of that charge which formed the base of the proposed propensity evidence may still be admissible. The Judge considered that the offending occurred close in time, and involved similar behaviour, concluding that there was enough similarity between the previous offending and the present charges. Propensity evidence of the young person knowingly acting with others to carry out an aggravated robbery with a knife was held to be probative in deciding the current charges. The application to bring forward the propensity evidence was granted by the Judge. Judgment date: 15 November 2021. * * * Note: names have been changed to comply with legal requirements. * **