Bakewell v The Queen

The High Court of Australia considered an appeal by Bakewell against a conviction for murder. The dispute concerned the admissibility of evidence obtained from the appellant's mobile phone, which had been seized by police. The central question before the Court was whether the evidence derived from the phone was unlawfully obtained, and if so, whether it should have been excluded from the trial.

The High Court was required to determine whether the police had lawful authority to seize and retain the appellant's mobile phone under the relevant provisions of the *Crimes Act 1914* (Cth) and associated common law powers. Specifically, the Court had to consider whether the phone was an "instrument" or "evidence" of an offence, and whether the retention of the phone was justified. A further issue was whether, if the seizure or retention was unlawful, the evidence derived from the phone should have been excluded under the principle of *Bunning v Cross* due to its prejudicial effect outweighing its probative value.

The Court held that the police had lawful authority to seize the mobile phone as it was reasonably suspected to be evidence of the commission of an offence. Furthermore, the retention of the phone was also lawful, as it was necessary for the purposes of the investigation. The High Court found that the evidence derived from the phone was therefore lawfully obtained and admissible. The appeal was dismissed.