Alameddine v The Queen

The High Court of Australia heard an appeal from a decision of the Court of Criminal Appeal of New South Wales in the matter of *Alameddine v The Queen*. The appellant, Mr Alameddine, was convicted of a number of offences, including conspiracy to murder and the supply of prohibited drugs. The central dispute on appeal concerned the admissibility of certain evidence obtained by police surveillance, specifically recordings made by listening devices.

The primary legal issue before the High Court was whether the evidence obtained through the use of listening devices was admissible at trial, notwithstanding that the warrants authorising their use were alleged to be invalid. This involved a consideration of the principles governing the admissibility of evidence obtained in contravention of statutory provisions, and the extent to which a court has a discretion to admit such evidence. A further issue related to the proper application of the exclusionary rule in the context of the *Crimes Act 1900* (NSW).

The High Court, in a joint judgment, held that the evidence obtained by the listening devices was inadmissible. Their Honours reasoned that the warrants were invalid because they did not comply with the requirements of the relevant legislation, which mandated that warrants be issued by a judicial officer. The Court affirmed that where evidence is obtained in contravention of a statutory provision, it is inadmissible unless the statute provides otherwise or the court exercises a discretion to admit it. In this instance, the Court found no basis for the exercise of such a discretion, as the contravention was significant and the admission of the evidence would be contrary to the proper administration of justice. The appeal was therefore allowed, and the convictions were quashed.