Evidence admitted under s 132B of the Evidence Act 1977 (Qld) as 'history of the domestic relationship' may need to be excluded under s 130 where there is a high risk that the evidence will be used for impermissible propensity reasoning, particularly where the prosecution's stated purpose amounts to propensity reasoning and expert witnesses themselves use the evidence in that way. The adequacy of jury directions is a critical factor in assessing unfairness under s 130. Where the evidence is admitted as relationship evidence but the prosecution's actual use is as propensity evidence, the trial judge must consider whether the Pfennig test should apply.
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