Banditt v The Queen

The High Court of Australia considered an appeal by Banditt against his conviction for murder. The central dispute concerned the admissibility of evidence obtained through a covert recording of a conversation between Banditt and a co-accused, which had been made by police.

The primary legal issue before the High Court was whether the admission of the covert recording at trial constituted a miscarriage of justice, specifically in relation to the application of the exclusionary rule concerning improperly or illegally obtained evidence. The Court also had to consider whether the trial judge had erred in admitting the evidence, and if so, whether that error had led to a substantial wrong or miscarriage of justice.

The High Court, in a joint judgment, affirmed the principles governing the admission of improperly or illegally obtained evidence. Their Honours noted that while such evidence is generally inadmissible, it may be admitted if its probative value outweighs its prejudicial effect. In this instance, the Court found that the trial judge had properly exercised their discretion in admitting the recording, as its probative value in establishing the appellant's guilt was significant and outweighed any potential prejudice. The Court concluded that the admission of the evidence did not occasion a miscarriage of justice.

The appeal was dismissed.