Corrigan v The Queen

Corrigan appealed his conviction for murder in the Supreme Court of New South Wales. The appeal concerned the admissibility of evidence obtained by police during a search of the appellant's property.

The central legal issue before the High Court of Australia was whether the evidence found during the search, which was conducted without a warrant, was admissible given the circumstances. Specifically, the Court had to consider the application of the common law exclusionary rule and the provisions of the *Crimes Act 1900* (NSW) concerning search and seizure.

The High Court held that the evidence was inadmissible. Gleeson CJ and McHugh J reasoned that the police had failed to establish that the search was lawful under the *Crimes Act* or that there were exceptional circumstances justifying a warrantless search at common law. The Court emphasised that the onus was on the prosecution to demonstrate the lawfulness of the search and the admissibility of the evidence obtained. The appeal was allowed, the conviction was quashed, and a new trial was ordered.