Evans v The Queen

The High Court of Australia considered the appeal of Evans against the Crown. The dispute concerned the admissibility of evidence obtained through a covert recording made by a police informant. Evans had been convicted of drug trafficking offences, and the admissibility of this recording was a key issue at his trial.

The central legal question before the High Court was whether the recording, made in circumstances where the informant was acting under police direction and without the consent of Evans, was unlawfully obtained and therefore inadmissible under the common law. The Court also had to consider the application of the *Uniform Evidence Law* provisions relating to improperly or illegally obtained evidence.

The Court's reasoning focused on the distinction between evidence that is "improperly obtained" and evidence that is "illegally obtained." It was held that while the recording may have been obtained in circumstances that were not ideal, it did not necessarily render the evidence "illegally obtained" in a manner that would mandate its exclusion under the common law or the Uniform Evidence Law. The Court applied principles of evidence law, considering the probative value of the evidence against any potential prejudice to the accused. The Court ultimately found that the recording was admissible.