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R v Chapman [2022] NZDC 8673

Published 13 January 2025

Pretrial — wounding with intent to cause grievous bodily harm — wounding with intent to injure — threaten to kill — propensity evidence — Evidence Act 2006, s 43. The defendant faced a charge of wounding with intent to cause grievous bodily harm or alternatively wounding with intent to injure, and also a charge of threaten to kill. He was alleged to have gone to the complainant's house to confront him about an earlier incident, and to have then stabbed him in the stomach and threatened to kill him. The Crown sought to lead as propensity evidence his previous conviction for wounding with intent to injure. The conviction arose from a 2009 incident in which the defendant had got into an altercation with other people at a party, and had stabbed one of the people in the abdomen. The Court found the fact that the defendant had previously used a knife in similar circumstances to be highly probative. The high degree of similarity between the two incidents and the fact that the trial judge would tell the jury to not give disproportionate weight to the previous incident meant that the evidence would not be unfairly prejudicial. The Court found the evidence admissible. Judgment Date: 13 May 2022