Balassis v The Queen

The High Court of Australia considered an appeal by Balassis against a conviction for murder. The central dispute concerned the admissibility of evidence obtained from a covert recording made by a police informant.

The High Court was required to determine whether the evidence obtained from the covert recording was admissible, notwithstanding that the recording was made in circumstances where the appellant had a reasonable expectation of privacy. This involved considering the application of the common law exclusionary rule and the principles governing the admission of evidence obtained in contravention of an individual's privacy.

The Court held that the common law exclusionary rule, which permits the exclusion of illegally or improperly obtained evidence, did not automatically render the recording inadmissible. Instead, the Court applied a balancing exercise, weighing the probative value of the evidence against its prejudicial effect. The Court found that the recording was highly probative of the appellant's guilt and that its prejudicial effect was not so significant as to warrant its exclusion. The Court therefore upheld the admissibility of the evidence.