R v Ponga HC Wanganui CRI-2010-083-2766

[2011] NZHC 2095

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI-2010-083-2766

THE QUEEN

v

NGAHERE PONGA

Hearing:         5 December 2011

Counsel:         S A MacDonald for Crown

R B Crowley for Defendant

Judgment:      6 December 2011

JUDGMENT OF WILLIAMS J

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 10:00am on the 6 December 2011.

Solicitors:

Crown Solicitor, Whanganui

R V NGAHERE PONGA HC WANG CRI-2010-083-2766 [6 December 2011]

[1]      Mr Ponga has been charged on indictment with aggravated burglary (burglary in the alternative) and aggravated wounding in relation to an incident at 2 Emerson Street,  Whanganui  on  21  November  2010.     He  has  been  separately  charged summarily with the burglary of 33A Hylton Street, Whanganui a month earlier on

24 October  2010.    The  Crown  seeks  joinder  on  the  basis  that  the  allegations underlying each count are cross-admissible as propensity evidence.

[2]      Mr Crowley offered no submissions in opposition.  He accepted that the case for joinder is strong.  Both addresses are within a few hundred metres of Mr Ponga’s own home and both burglaries occurred when he was heavily intoxicated.   The burglaries were also proximate in time.  Mr Ponga told police in both cases that he was highly intoxicated and has no recall of what happened.

[3]      The facts underlying each count are, therefore, classic propensity evidence in respect of the other count.  Joinder will be granted accordingly.

Williams J