Following Phillips v R, intermediate and trial courts in Queensland must apply the Pfennig test for admissibility of propensity evidence, not the reformulated tests from R v O'Keefe. Similarities between offences that are commonplace — such as abduction of a woman for sexual purposes, driving to a remote area, and use of restraints — lack the specific probative connection required by Pfennig and are insufficient to warrant admission of propensity evidence. A High Court decision that overturns the legal basis of an earlier pre-trial ruling constitutes a special reason for reconsideration under s 590AA(3) of the Criminal Code 1899 (Qld).
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