CD & Anor v Director of Public Prosecutions (SA) & Anor

The case before the court involved two appellants, CD and another individual, who sought special leave to appeal a decision made by the Supreme Court of South Australia in relation to criminal charges brought by the Director of Public Prosecutions (SA). The appellants contested the admissibility of certain evidence that was obtained during a police interview, arguing that it violated their rights under the Australian Constitution. The Supreme Court had dismissed their appeal, leading to the current application for special leave to appeal to the High Court of Australia.

The legal issues at the core of this case centred on the interpretation and application of the Australian Constitution, specifically section 38, which guarantees the right to a fair trial. The appellants argued that the evidence obtained during the police interview was inadmissible because it was obtained under circumstances that breached their constitutional rights. The central question before the court was whether the evidence in question should have been excluded from the trial due to these alleged breaches.

In granting special leave to appeal, the High Court considered the significant legal and constitutional questions raised by the appellants. The court recognised that the issues involved the interpretation of constitutional rights and the admissibility of evidence in a criminal trial, which are matters of substantial public importance. The High Court determined that the questions of law were of such a nature that they warranted the Court's intervention, and thus, granted the appellants special leave to appeal.

The final orders of the High Court were that special leave to appeal be granted, allowing the appellants to present their case before the full bench of the High Court. The appellants were permitted to argue their case on the grounds that the evidence obtained during the police interview was inadmissible due to constitutional breaches.