ADC v the Queen S60/2001

The High Court of Australia heard an appeal in *ADC v the Queen*. The appellant, ADC, was convicted of a number of offences, including murder, and sentenced to imprisonment. The appeal concerned the admissibility of certain evidence obtained from the appellant.

The central legal issue before the High Court was whether the evidence obtained from the appellant, which included statements made by the appellant and samples of his blood and hair, was unlawfully obtained and therefore inadmissible under section 138 of the *Evidence Act 1995* (NSW). This section requires a court to exclude evidence if it was obtained in contravention of an Australian law, unless the desirability of admitting the evidence outweighs the disadvisability of admitting evidence obtained in contravention of an Australian law.

The High Court considered the circumstances under which the evidence was obtained, including the appellant's detention and the procedures followed by the police. The Court analysed the relevant provisions of the *Crimes Act 1900* (NSW) and the *Law Enforcement (Powers and Responsibilities) Act 2002* (NSW) concerning police powers of arrest, detention, and the taking of samples. The Court ultimately determined that the evidence was not unlawfully obtained, and therefore section 138 did not mandate its exclusion. The appeal was dismissed.