Cheng, Cheng & Chan v The Queen

This matter concerned an appeal by the applicants, Cheng, Cheng & Chan, against a decision of the Supreme Court of New South Wales. The applicants sought to challenge their convictions for conspiracy to defraud and for offences under the *Crimes Act 1914* (Cth). The core of the dispute revolved around the admissibility of certain evidence obtained during an investigation by the Australian Federal Police.

The central legal issues before the High Court of Australia were whether the evidence obtained by the Australian Federal Police was unlawfully obtained, and if so, whether it should have been admitted into evidence at the trial. Specifically, the Court had to consider the application of s 138 of the *Evidence Act 1995* (NSW) and the principles governing the exclusion of improperly or illegally obtained evidence.

The Court's reasoning focused on the proper interpretation and application of s 138 of the *Evidence Act 1995* (NSW), which requires a court to consider whether the desirability of admitting the evidence outweighs the undesirability of admitting evidence that was improperly or illegally obtained. The judges examined the circumstances under which the evidence was obtained, weighing the probative value of the evidence against the impropriety of its acquisition. They applied established legal principles concerning the discretion to exclude such evidence, considering factors such as the seriousness of the impropriety and the importance of the evidence to the prosecution's case.

The High Court dismissed the appeal, upholding the decision of the Supreme Court of New South Wales. The Court concluded that, despite some impropriety in the obtaining of the evidence, its admission was not outweighed by the undesirability of admitting improperly obtained evidence, and therefore the convictions were affirmed.