R v Spencer CA228/04

The case of R v Spencer CA228/04 involves Mr. Spencer, who is indicted on six counts of various offences, including breaking and entering, indecent assault, and theft. The trial is set to begin in the District Court at New Plymouth on 28 July 2004. Mr. Spencer has appealed against the ruling of Judge Bidois, who deemed certain evidence admissible under section 344A of the Crimes Act 1961. Specifically, the evidence pertains to a prior offence where Mr. Spencer was convicted of assault with intent to commit sexual violation and burglary on 13 August 2000. Mr. Spencer argues that the evidence should be excluded as it is irrelevant given his defence strategy, which has shifted from denying identity to asserting that any sexual activity was consensual.

The key legal issue before the Court of Appeal was whether the evidence of the prior offence should be admitted in the current trial. This issue involved determining the relevance of the past conduct, its probative value versus its prejudicial effect, and whether the prejudicial effect could be mitigated through judicial directions. The appeal also considered whether the timing of the application for leave to appeal affected the outcome.

The Court of Appeal found that the evidence was relevant to the issues of identity, intent, and consent. The similarities between the prior offence and the current charges, such as the method of entry, the nature of the sexual activity, and the use of a disguise, indicated that the pool of potential offenders was small. The Court upheld the Judge's decision that the probative value of the evidence outweighed any prejudicial effect, and that appropriate directions could manage any residual prejudice. Consequently, the Court dismissed Mr. Spencer's application for leave to appeal against the pre-trial ruling.