ORDER PROHIBITING PUBLICATION OF THE REASONS FOR JUDGMENT (BUT NOT THE RESULT) IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
IN THE COURT OF APPEAL OF NEW ZEALAND
CA442/07 [2007] NZCA 472
THE QUEEN
v
TEARIKI TEVARE TAEA
Hearing: 16 October 2007
Court: O'Regan, Chisholm and Potter JJ Counsel: B J Horsley for Crown
A J S Snell for Respondent
Judgment: 31 October 2007 at 11 am
JUDGMENT OF THE COURT
A Leave to appeal is granted.
B The appeal is allowed in part.
CThe evidence of the supply of methamphetamine by the appellant to an undercover police officer on 3 March 2006 and of the conversation between the appellant and the undercover officer immediately thereafter
is admissible at the appellant’s trial. The evidence relating to
R V TEARIKI TEVARE TAEA CA CA442/07 31 October 2007
“Georgina” is inadmissible except to the extent that the trial Judge believes it is necessary to admit that evidence in fairness to the defence to identify the credentials which the undercover police officer established before the purchase of methamphetamine from the appellant.
DWe make an order prohibiting publication of the reasons for judgment (but not the result) in news media or on internet or other publicly accessible database until final disposition of trial. Publication in Law Report or Law Digest is permitted.
REASONS OF THE COURT
(Given by O’Regan J)
Solicitor-General appeal
[1] Teariki Taea faces charges of supplying methamphetamine and possessing methamphetamine with intent to supply. In a pre-trial ruling, Heath J ruled inadmissible evidence that Mr Taea was convicted – following a guilty plea – of supplying methamphetamine to an undercover police officer about two and a half months before the events which led to his arrest for the alleged offending for which he faces trial and evidence of the discussions between the undercover officer and Mr Taea at the time of that supply: HC NAP CRI 2006-020-2796 20 August 2007. The Solicitor-General seeks leave to appeal against that ruling.
Issue on appeal
[2] The proposed appeal requires us to consider the application of some of the new propensity provisions in the Evidence Act 2006, namely ss 40 and 43. The essential issue is whether the Judge was correct in his assessment that probative value of the evidence of the earlier offending was outweighed by the risk that it may have an unfairly prejudicial effect on Mr Taea’s defence. In order to address that issue, we will first consider the proposed evidence of the earlier offence and the present factual context, before turning our attention to ss 40 and 43 and their application in the present case.
The evidence of earlier offending
[3] The evidence which the Crown seeks to adduce is that of an undercover police officer, using the name “Mark Peters”. We summarise his evidence in [5] - [7] below.
[4] Mr Peters went to Mr Taea’s home at Hastings on 3 March 2006.…
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- R v Taea [2007] NZCA 472
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