Abdulla v The Queen

Abdulla appealed his conviction for murder in the Supreme Court of Victoria. The appeal concerned the admissibility of evidence obtained through a covert recording made by police.

The central legal issue before the Full Court of the Supreme Court of Victoria was whether the recording, made in circumstances where the appellant was not cautioned and was unaware he was being recorded, was improperly obtained and therefore inadmissible under the *Crimes Act 1958* (Vic). Specifically, the Court had to consider whether the recording was obtained in contravention of the appellant's rights or in circumstances where the police acted unlawfully.

The Court analysed the relevant provisions of the *Crimes Act 1958* (Vic) concerning covert recordings and the common law principles governing the admissibility of evidence. It was held that the recording was not obtained in contravention of any statutory provision or common law rule that would render it inadmissible. The Court found that the police had acted within their lawful powers in making the recording, and that the circumstances did not give rise to an abuse of process or a breach of the appellant's rights. Consequently, the evidence was deemed admissible.

The appeal was dismissed.