Friend v The Queen

In *Friend v The Queen*, the High Court of Australia considered an appeal from a judgment of the Supreme Court of Queensland. The appellant, Friend, had been convicted of a number of offences, including conspiracy to defraud and obtaining financial advantage by deception. The central dispute on appeal concerned the admissibility of certain evidence obtained by the Australian Federal Police.

The High Court was required to determine whether the evidence, which included documents and information obtained from a foreign jurisdiction pursuant to a mutual assistance treaty, had been lawfully obtained. Specifically, the Court had to consider whether the provisions of the *Mutual Assistance in Criminal Matters Act 1987* (Cth) had been complied with, and if not, whether the evidence was admissible under the common law or statutory exclusionary rules. A further issue was whether the trial judge had erred in admitting the evidence despite the alleged non-compliance.

The Court analysed the relevant provisions of the *Mutual Assistance in Criminal Matters Act 1987* (Cth) and the terms of the request made to the foreign jurisdiction. It was held that the evidence had been lawfully obtained in accordance with the Act. The Court affirmed that where evidence is obtained in compliance with the statutory framework governing international mutual assistance, it is generally admissible. The common law discretion to exclude improperly or unfairly obtained evidence was also considered, but the Court found no basis to exercise that discretion in this instance, given the lawful acquisition of the evidence.

The appeal was dismissed.