Coco v The Queen

The applicant, Coco, sought special leave to appeal to the High Court of Australia against a conviction. The dispute concerned the admissibility of evidence obtained through the use of a listening device, which the applicant argued was installed in contravention of section 43 of the *Invasion of Privacy Act 1971* (Cth). The core of the applicant's argument was that the approval granted for the installation of the device involved surreptitious entry onto the premises, achieved by officers disguising themselves as Telecom operators to gain access under the pretence of repairing a telephone line.

The legal issue before the High Court was whether the evidence obtained via the listening device was admissible, given that its installation allegedly involved a contravention of section 43 of the *Invasion of Privacy Act*. Specifically, the court had to consider whether the approval for the device's installation, and the subsequent actions taken under that approval, constituted a use of the device in contravention of the Act, thereby triggering the prohibition on admitting such evidence under section 46.

The court considered the nature of the approval granted and the means by which entry to the premises was obtained. The applicant contended that the affidavit supporting the approval indicated a likelihood of subterfuge or unlawful means to gain entry, as it was not anticipated that permission would be lawfully obtained from someone with the authority to grant it. The court noted that the order related to a listening device installed in the premises, and the applicant's argument hinged on whether the method of installation, involving deception, amounted to a contravention of section 43, which provides an exception to the general prohibition on the use of listening devices.