Finlay v The Queen

In *Finlay v The Queen*, the High Court of Australia considered an appeal from a judgment of the Court of Criminal Appeal of Queensland. The appellant, Finlay, had been convicted of a number of offences, including the murder of his wife, and sentenced to life imprisonment. The central dispute on appeal concerned the admissibility of certain evidence obtained from the appellant's mobile phone.

The High Court was required to determine whether the evidence obtained from the appellant's mobile phone was admissible, notwithstanding that the search of the phone was conducted without a warrant. Specifically, the Court had to consider the application of s 138 of the *Evidence Act 1977* (Qld), which governs the exclusion of improperly or illegally obtained evidence, and the principles of proportionality and necessity in relation to such searches.

The Court reasoned that the admission of evidence obtained in contravention of the law is a matter for the discretion of the trial judge, who must weigh the probative value of the evidence against the impropriety of its obtaining. In this instance, the Court found that the search of the mobile phone, while conducted without a warrant, was not unlawful in a manner that necessitated its exclusion. The judges applied the principles that the admission of improperly obtained evidence should not be permitted if it would be unfair to the accused, and that the court must consider the importance of the evidence and the extent of the impropriety. The Court ultimately held that the evidence was admissible.