Director of Public Prosecutions (Vic) v Navarolli

The Director of Public Prosecutions (Victoria) appealed to the High Court of Australia against a decision of the Victorian Court of Appeal concerning the admissibility of evidence in a criminal trial. The appeal concerned the admissibility of evidence obtained from the respondent, Mr Navarolli, pursuant to a notice issued under s 14 of the *Drugs, Poisons and Controlled Substances Act 1981* (Vic). The respondent had been charged with trafficking in a commercial quantity of heroin.

The central legal issue before the High Court was whether the evidence obtained from the respondent, which included statements and physical evidence, was admissible in the prosecution's case, or whether it should have been excluded under s 138 of the *Evidence Act 2008* (Vic) as improperly or illegally obtained evidence. The Court of Appeal had found that the evidence was improperly obtained and should have been excluded.

The High Court considered the nature of the power conferred by s 14 of the *Drugs, Poisons and Controlled Substances Act 1981* (Vic) and the circumstances in which a notice under that section could be validly issued. Their Honours examined the interplay between the statutory power to obtain information and the general principles governing the admissibility of evidence, particularly where that evidence might have been obtained in contravention of the law or improperly. The Court analysed the discretion to exclude improperly obtained evidence, weighing the probative value of the evidence against the impropriety of its acquisition.

The High Court allowed the appeal, finding that the evidence obtained from the respondent was admissible. The Court held that the notice issued under s 14 of the *Drugs, Poisons and Controlled Substances Act 1981* (Vic) was validly issued and that the evidence obtained pursuant to it was not improperly or illegally obtained in a manner that mandated its exclusion under s 138 of the *Evidence Act 2008* (Vic). The decision of the Victorian Court of Appeal was set aside, and the matter was remitted to the County Court of Victoria for trial.