Bryan v The Queen, Lewis v Attorney General of Queensland

Bryan v The Queen and Lewis v Attorney-General of Queensland were appeals heard together in the High Court of Australia concerning the admissibility of evidence obtained in contravention of the *Crimes Act 1914* (Cth) and the *Criminal Code* (Qld) respectively. The central dispute in both matters revolved around whether evidence obtained unlawfully could be admitted in criminal proceedings, and the principles governing the exercise of judicial discretion in such circumstances.

The High Court was required to determine the proper approach to the admissibility of evidence obtained in contravention of statutory provisions. Specifically, the Court considered whether the common law exclusionary rule, which permits the exclusion of improperly or illegally obtained evidence, had been abrogated or modified by the relevant statutory provisions in each case. The Court also examined the scope of judicial discretion to exclude evidence that, while lawfully obtained, might be unfairly prejudicial to an accused.

The Court held that the common law exclusionary rule, which allows for the exclusion of evidence obtained improperly or illegally, remains applicable unless expressly or by necessary implication abrogated by statute. In *Bryan*, the Court found that the *Crimes Act* did not displace the common law discretion to exclude evidence obtained in contravention of its provisions. Similarly, in *Lewis*, the Court determined that the *Criminal Code* did not preclude the exercise of the common law discretion to exclude evidence obtained in breach of statutory requirements. The Court reiterated that the discretion to exclude evidence is a broad one, to be exercised having regard to all relevant circumstances, including the nature of the illegality, the importance of the evidence, and the potential prejudice to the accused.

The appeals were allowed, and the convictions were quashed. The matters were remitted to the respective trial courts for a new trial, with directions that the evidence obtained in contravention of the statutory provisions should be excluded.