Evidence of an accused sharpening a knife in the presence of the deceased weeks before a fatal stabbing is admissible under s 132B(2) of the Evidence Act 1977 (Qld) as relevant evidence of the history of a domestic relationship, and its probative value is not outweighed by prejudicial effect where appropriate directions against propensity reasoning are given. Evidence of a deceased's state of mind (fear of the accused) is admissible where provocation is in issue, as it bears on the probability of the deceased having acted provocatively. The inadvertent leading of excluded evidence does not necessarily result in a substantial miscarriage of justice where the jury has been directed on similar admissible evidence and the prosecution case is otherwise compelling.
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