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R v Tupuola [2020] NZDC 692

Published 13 January 2025

Admissibility of evidence — propensity evidence — threat to kill — relationship evidence — family violence — Perkins v R [2011] NZCA 665 — R v Coe [2018] NZHC 502 — R v MacDonald CA 166/04, 8 April 2005 — Campbell-Joyce v R [2016] NZCA 192 — Evidence Act 2006, ss 40 & 43. The defendant was facing a range of charges related to violent offending against his partner and children. The Crown sought to introduce as propensity evidence his prior conviction for threat to kill against the complainant. The defendant objected to the evidence being admitted, arguing that it would be unfairly prejudicial in relation to the charges he faced for offending against the children. The Court found that to admit the evidence would be prejudicial to the defendant. However the prejudicial effects would be outweighed by the help that the evidence would provide the jury in assessing the complainant's credibility and explaining the family dynamics surrounding the alleged offending. The risk of unfair prejudice could be offset by appropriate judicial direction. The Court found that the evidence was admissible. Judgment Date: 17 January 2020.