Castle v The Queen; Bucca v The Queen

In *Castle v The Queen* and *Bucca v The Queen*, the High Court of Australia considered appeals against convictions for murder. The central dispute in both cases concerned the admissibility of evidence obtained through covert police surveillance, specifically the use of listening devices. The appeals were heard together due to the common legal question they raised regarding the application of the *Crimes (Electronic Surveillance) Act 1999* (NSW) and the common law.

The High Court was required to determine whether evidence obtained by police using listening devices, without a warrant but with the consent of a person who was not the owner of the premises where the device was placed, was admissible. This involved considering the interpretation of the *Crimes (Electronic Surveillance) Act 1999* (NSW), particularly provisions relating to the use of listening devices and the requirement for warrants, as well as the common law principles governing the admissibility of illegally or improperly obtained evidence.

The Court reasoned that the *Crimes (Electronic Surveillance) Act 1999* (NSW) did not authorise the use of listening devices in private premises without a warrant, even if a person with apparent authority consented to the installation. The Act's provisions were interpreted as requiring a warrant for such surveillance, and the common law discretion to admit illegally obtained evidence did not extend to situations where the illegality was a deliberate contravention of a statutory prohibition. The Court held that the evidence obtained in both cases was inadmissible because it was obtained in contravention of the Act.

Consequently, the High Court allowed the appeals, quashed the convictions, and ordered new trials for both appellants.