Adams v The Queen

Adams appealed his conviction for murder in the Supreme Court of Queensland. The central issue on appeal concerned the admissibility of certain evidence obtained from the appellant, specifically statements made by him to police and a search of his property. The High Court of Australia was required to determine whether the evidence was obtained in contravention of the appellant's rights and, if so, whether it should have been excluded from the trial.

The High Court considered the application of the common law exclusionary rule and the provisions of the *Criminal Code* (Qld) regarding the admissibility of evidence obtained improperly or in contravention of a person's rights. Specifically, the Court had to assess whether the police conduct in obtaining the statements and conducting the search was unlawful or improper, and if so, whether the prejudicial effect of the evidence outweighed its probative value. The Court also examined the scope of the discretion to exclude evidence in such circumstances.

The Court reasoned that the common law exclusionary rule, which allows for the exclusion of improperly obtained evidence, is a significant safeguard against abuses of power by law enforcement. It applied a balancing exercise, weighing the seriousness of the impropriety against the importance of the evidence to the prosecution's case. The Court ultimately found that the evidence in question had been obtained in circumstances that warranted its exclusion, as the prejudicial effect of admitting it outweighed its probative value, particularly in light of the impropriety of its acquisition. The appeal was allowed, the conviction was quashed, and a new trial was ordered.