BRS v The Queen

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

The primary legal issue before the Court was whether the admission of the covert recording, which captured BRS making incriminating statements, was an error of law. This required the Court to consider the principles governing the admission of evidence obtained in contravention of statutory provisions, specifically the *Listening Devices Act 1984* (NSW), and the extent to which the common law discretion to exclude unfairly prejudicial evidence applied.

The Court engaged in a detailed analysis of the *Listening Devices Act 1984* (NSW) and its implications for the admissibility of evidence obtained by unlawful surveillance. It considered the balance between the public interest in the prosecution of crime and the protection of individual privacy. The Court affirmed that while the common law discretion to exclude unfairly prejudicial evidence exists, it must be exercised with caution, particularly where the evidence is relevant and cogent. The Court ultimately found that the admission of the recording, despite its unlawful origin, did not occasion a miscarriage of justice, as its probative value was high and the jury was properly directed on its use.

The appeal was dismissed.