Foo v The Queen

The Full Court of the Supreme Court of the Northern Territory heard an appeal by Foo against his conviction for a number of offences. The dispute concerned the admissibility of certain evidence during Foo's trial.

The primary legal issue before the Full Court was whether the evidence in question, which had been obtained by police during a search of Foo's property, was unlawfully obtained and therefore inadmissible under section 138 of the *Northern Territory Evidence (Admissibility) Act*. This involved a consideration of whether the police had reasonable grounds to suspect that Foo was involved in criminal activity at the time of the search.

The Court analysed the evidence presented at trial regarding the basis for the police's suspicion. It applied the principles established in cases concerning the admissibility of unlawfully or improperly obtained evidence, weighing the probative value of the evidence against the impropriety of its acquisition. The Court considered whether the admission of the evidence would be contrary to the public interest, taking into account the seriousness of the offence and the nature of the impropriety.

The Full Court dismissed the appeal, upholding the trial judge's decision to admit the evidence.