CB v The Queen

The High Court of Australia considered an appeal by CB against a conviction for an offence. The central dispute concerned the admissibility of certain evidence obtained from CB.

The High Court was required to determine whether the evidence obtained from CB was improperly or illegally obtained, and if so, whether it should have been excluded from use at trial under section 138 of the *Evidence Act 1995* (NSW). This involved considering the balance between the public interest in having all relevant evidence adduced and the public interest in discouraging unlawful or improper conduct by law enforcement officers.

The Court analysed the nature of the conduct of the police officers in obtaining the evidence, noting that the question of whether evidence was improperly or illegally obtained required a factual assessment. It applied the principles established in cases such as *Bally v The Queen* and *DPP (NSW) v P*, which outline the factors to be considered when exercising the discretion to exclude improperly or illegally obtained evidence. The Court ultimately found that the evidence was improperly obtained and that the discretion to exclude it under section 138 of the *Evidence Act 1995* (NSW) should have been exercised.

The High Court allowed the appeal, quashed the conviction, and remitted the matter to the trial court for a retrial.