Aggarwal v the Queen B10/2002

The High Court of Australia heard an appeal in *Aggarwal v the Queen*. The appellant, Mr. Aggarwal, was convicted of a number of offences, including conspiracy to import a commercial quantity of heroin and conspiracy to possess a commercial quantity of heroin. The appeal concerned the admissibility of certain evidence obtained by police surveillance.

The central legal issue before the High Court was whether the evidence obtained through the use of listening devices and other surveillance equipment, deployed by police without a warrant, was admissible in criminal proceedings. This raised questions about the scope of police powers in the absence of statutory authorisation for such surveillance and the application of common law principles governing the admissibility of evidence obtained in such circumstances.

The Court considered the common law principles relating to the admissibility of evidence, particularly in the context of potentially unlawful or unauthorised conduct by law enforcement. It was held that the common law does not confer a general power on police to conduct surveillance by means of listening devices without statutory authority. The Court affirmed that evidence obtained in contravention of the law, even if relevant, may be excluded if its admission would be an affront to the proper administration of justice. The High Court ultimately allowed the appeal, quashed the convictions, and ordered a new trial.