Commissioner of Police v B J Wilson (Magistrate )

The Commissioner of Police appealed to the New South Wales Court of Appeal against a decision of a Magistrate, B J Wilson, concerning the admissibility of evidence. The appeal concerned the proper application of the exclusionary rule under s 138 of the *Crimes Act 1900* (NSW) in relation to evidence obtained in contravention of an Act.

The central legal issue before the Court of Appeal was whether the Magistrate had erred in law by admitting evidence that had been obtained in contravention of the *Crimes Act 1900* (NSW), specifically in circumstances where the contravention was not alleged to have been deliberate or