R v Wyatt

The Court of Appeal of New Zealand heard an appeal by the Crown against a decision of the District Court to sever the charges against Kevin Vivian Wyatt, who was to be tried on three counts of indecent assault involving three different complainants. The Crown argued that the probative value of the evidence from all three complainants outweighed the prejudicial effect on the respondent, while the respondent argued that the potential for collusion and prejudice outweighed any probative value. The Court of Appeal found that the District Court had erred in giving weight to the risk of collusion and that the probative value of the evidence did indeed outweigh the prejudicial effect. The Court of Appeal set aside the District Court's decision to sever the charges and ordered that all three counts be tried together.

In reaching this conclusion, the Court of Appeal considered the statutory framework for propensity evidence under the Evidence Act. The Court found that the evidence in this case had significant probative value due to the similarity in circumstances and the high-risk, almost voyeuristic, characteristics of the alleged offending. The Court also found that the prejudicial effect on the respondent was outweighed when considering the right of the respondent to offer an effective defence. The Court of Appeal granted the Crown's application for leave to appeal and set aside the District Court's decision to sever the charges. In its place, the Court ordered that all three counts on the indictment be tried together. The Court also made an order prohibiting publication of the judgment and any part of the proceedings in news media or on the Internet or other publicly accessible databases until the final disposition of the trial. Publication in Law Reports or Law Digests was permitted.