Collier v Director of Public Prosecutions

In *Collier v Director of Public Prosecutions and Anor* [1994] NSWCA 56, the New South Wales Court of Appeal considered an appeal by the applicant, Collier, against the decision of a judge in the District Court. The dispute concerned the admissibility of certain evidence during Collier's trial for a criminal offence.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in admitting evidence that was alleged to have been obtained in contravention of Collier's rights. Specifically, the court had to determine if the evidence was improperly obtained and, if so, whether its prejudicial effect outweighed its probative value, thereby necessitating its exclusion in the interests of a fair trial.

The Court of Appeal reasoned that the admissibility of evidence obtained in contravention of a person's rights is governed by a balancing exercise. The court must weigh the seriousness of the impropriety against the probative value of the evidence. In this instance, the court found that while there may have been some impropriety in the manner the evidence was obtained, it did not reach a level that would render its admission unfair to the applicant. The probative value of the evidence was considered significant, and its exclusion was not deemed necessary to ensure a fair trial.