Crump v The Queen

The High Court of Australia heard an appeal from a decision of the Supreme Court of Queensland in the case of *Crump v The Queen*. The appellant, Crump, had been convicted of a number of offences, including the murder of his wife and the attempted murder of his neighbour. The central dispute on appeal concerned the admissibility of certain evidence obtained from the appellant's mobile phone.

The primary legal issue before the High Court was whether the evidence obtained from the appellant's mobile phone, specifically text messages and call logs, was admissible at trial. This involved a consideration of the scope and application of the *Criminal Code* (Qld) and the common law rules relating to the admissibility of evidence, particularly concerning the use of digital evidence and the potential for unfair prejudice. The court also considered whether the admission of this evidence had resulted in a miscarriage of justice.

The High Court, comprising French CJ and Kiefel J, ultimately allowed the appeal. Their Honours reasoned that the evidence obtained from the mobile phone had been improperly admitted at trial. They found that the search of the phone had exceeded the scope of lawful authority and that the admission of the digital evidence, given its nature and the circumstances of its acquisition, had created an unacceptable risk of unfair prejudice to the appellant. Consequently, the court concluded that the conviction was unsafe and unsatisfactory.

The High Court ordered that the appeal be allowed, the conviction be quashed, and a new trial be ordered.