De Silva v The Queen

The High Court of Australia considered an appeal by Mr De Silva against his conviction for murder. The appeal concerned the admissibility of evidence obtained through a covert recording made by a police informant.

The central legal issue before the High Court was whether the admission of the covert recording, which was obtained in circumstances where Mr De Silva was unaware he was being recorded, constituted an unfair trial. This involved an examination of the principles governing the admission of evidence obtained in contravention of the law, and the discretion of the trial judge to exclude such evidence in the interests of a fair trial.

The High Court held that the admission of the covert recording was not unfair. Their Honours applied the principles established in *Bally v The Queen*, which confirm that evidence obtained in contravention of the law is not automatically inadmissible. The court must consider whether its admission would have the effect of rendering the trial unfair. In this instance, the High Court found that the recording did not create an unfair trial, and therefore, the trial judge had not erred in admitting it. The appeal was dismissed.